Understanding Comparative Negligence in Car Accident Claims

Many accident victims assume that because they were partly at fault, they have no claim. In most states, this is not true.

Under pure comparative negligence, you can recover damages even if you were 99% at fault — your award is reduced by your percentage of fault.

Under modified comparative negligence (the most common rule), you can recover as long as you are not more than 50% at fault.

A small number of states follow contributory negligence, which bars recovery if you were even 1% responsible.

Insurance adjusters often try to shift blame to the accident victim. Evidence is your defense: dashcam footage, witness statements, and police reports.

An experienced attorney knows how to counter fault-shifting tactics and maximize your net recovery.