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Comparative Negligence

Comparative negligence is defined as a form of fault where both parties are found at fault. Commonly, a claim of comparative negligence has been used as a legal strategy by defendants to note the responsibility of plaintiffs in causing damages, or in other words, contributing to the negligence leading to damages. This allows the defense to limit their liability for total damage claims and awards proportional to the amount of negligence the plaintiff is found to have contributed to the accident. Not all states adhere to this formula when determining damage awards in car accident cases in the United States.

Fast Facts

  • Currently, there are two other forms of comparative negligence, known as modified comparative negligence, which only take into consideration more than or less than at fault determinations.
  • Most states no longer abide by the comparative negligence doctrine.

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