Modified Comparative Negligence is a principle that determines how compensation is awarded in cases of injury resulting from car accidents. It deals with the allocation of fault or responsibility among the parties involved.
Whether you are a driver, passenger, or pedestrian who has been injured in a car accident, understanding this concept is crucial, as it can impact your case and your ability to receive compensation for your injuries. In case of death due to a car accident, the family of the victim/s can also pursue legal action with the help of a fatal car accident lawyer.
What Is Comparative Negligence?
Before we delve into Modified Comparative Negligence, let’s first clarify the concept of “Comparative Negligence.” Many states across the U.S., such as California and New York, follow a system called negligence. This means that if multiple parties are at fault for an accident, their respective degrees of fault determine how damages are divided.
For instance, if you were driving negligently and collided with another vehicle whose driver was also behaving recklessly, both parties may share some level of blame. If it is determined that you were 70% responsible and the other driver was 30% responsible for causing the collision according to negligence laws in those mentioned states, you would only be entitled to recover 30% of any damages awarded based on each party’s contribution.
Modified comparative negligence functions similarly to comparative negligence but with an important distinction. There is typically a specific percentage of responsibility that must be surpassed in order for someone to be eligible for any damages.
In general, this means that if one person’s fault does not surpass this threshold percentage (usually set between 49. 51%), they can obtain compensation from the party. However, if their level of blame surpasses this threshold percentage (51%), they will not receive any compensation at all. Often, the thresholds are lower; some state laws may not allow recovery even if someone bears more than 50 percent of the responsibility. This means that if you are involved in an accident and found responsible, your ability to recover compensation will be reduced if a threshold has been established.
For instance, let’s say you were driving above the speed limit when another car unexpectedly pulled out in front of you. However, upon investigation, it is determined that the other driver failed to yield the right of way, and their fault exceeds the established threshold compared to yours. In such a scenario, you may only be eligible for compensation for your damages. The specific laws of your state will determine the answer to this question. In certain states, even if negligence exceeds 50%, there is still a possibility of recovery under a modified system.
Modified Comparative Negligence and Insurance Claims
Understanding fault can also be advantageous when dealing with insurance companies after an accident. Insurers follow principles in determining fault and settlement amounts. If multiple parties share responsibility for an accident, each insurance company typically conducts its investigation into the causes of the incident. Based on their findings, they assign a percentage of liability to each party involved. Insurance adjusters often review police reports and medical records as part of their assessment process. They may also interview witnesses and analyze footage from surveillance cameras or body cameras worn by responding officers.
Once insurers consider all information, they compare the level of fault assigned to each party. However, it’s important to note that this may not always align with state liability laws that have thresholds in place. If neither party is found completely at fault (and falls below any threshold), both insurers generally pay out claims based on the amount of blame assigned to each person involved in the accident.
The Significance of Seeking Legal Advice
Personal injury claims involving Modified Comparative Negligence can quickly become intricate and complicated. There are multiple factors to consider when two parties share responsibility for an accident or injury. This can become more complicated when disputes arise over how much blame should be assigned to each party. That’s why it’s crucial for anyone involved in a car crash or motor vehicle accident to seek advice promptly. A personal injury lawyer who has expertise in this field can carefully assess your case and recommend a suitable approach to pursue compensation. This may involve reaching a settlement before going to trial or pursuing litigation for a compensation amount, depending on the evidence presented and how the fault is determined.
Aside from assisting with dealing with insurance adjusters and evaluating expenses, an attorney will present legal arguments on why you deserve fair compensation. They have received training to handle complex matters like Modified Comparative Negligence on a regular basis, giving them the knowledge and ability to guide clients successfully through legal procedures.
Understanding Modified Comparative Negligence is not always straightforward. It becomes crucial when there are disputes regarding fault assignment after an accident. In such cases, consulting with a lawyer who is knowledgeable about these laws in specific states is typically the best choice if someone has been injured in an accident.