Comparative Negligence vs Contributory Negligence
Some Rhode Island personal injury cases are cut and dry, with one person being clearly negligent and the other an innocent victim. But more often, personal injury cases are filled with nuances where more than one person can share responsibility – even the injured person themselves. These nuances are often referred to as comparative negligence vs contributory negligence.
If that’s the case, that doesn’t make it impossible to get funds through a personal injury claim. Some states operate under a principle called “comparative negligence,” which could allow a victim to recover a partial settlement. Others lean towards what is known as “contributory negligence“.
Below, learn the differences between comparative and contributory negligence and discover how it may impact your personal injury claim.
Why is Negligence Important in a Personal Injury Case?
All personal injury claims hinge on “negligence,” a legal concept where one person or party fails “to behave with the level of care that a reasonable person would have exercised under the same circumstances.”
If a person is found negligent, and their actions result in harm befalling another person, they can be held liable for the ensuing monetary damages, like medical bills or property damage.
What are the 4 Elements of Negligence?
In order to prove negligence in a personal injury claim, you’ll need to provide evidence of the following four elements:
- Duty. One person or party has a legal “duty” to another. For example, a driver has a duty to follow traffic laws and avoid putting other motorists or pedestrians in danger.
- Breach. One person somehow breached their duty of care to another, such as a driver texting while driving and failing to stop at a stop sign.
- Causation. You’ll need to prove that the person’s negligent actions caused your injury, not another incident. For example, when the distracted driver ran the stop sign, they T-boned your vehicle, and you suffered whiplash.
- Damages/harm. Lastly, you’ll require proof that your injuries resulted from the incident in question, not something unrelated. This is why it’s crucial to immediately seek help after a car crash so you can begin documenting medical evidence as soon as possible.
Sometimes, one person may not always be 100% negligent in a Rhode Island personal injury claim. Multiple parties can share negligence in differing circumstances. When that happens, states have two main systems to determine a potential settlement amount: Contributory negligence vs comparative negligence.
What is Contributory Negligence?
Contributory negligence is a legal principle that prevents personal injury victims from recovering a settlement if they share any negligence in the incident. Under contributory negligence, a person who contributed to the incident in any way is barred from receiving a settlement from a personal injury claim.
Examples of Contributory Negligence
Let’s return to our example of the distracted driver running a stop sign. Imagine that while the other driver failed to stop properly, you were going ten mph over the speed limit when they ran the stop sign. Under the rules of contributory negligence, you would then be unable to receive a settlement since you also failed to follow the rules of road safety by speeding.
Contributory Negligence States
If that sounds harsh to you, the good news is that many state governments agree. Today, only certain states, and Washington D.C., follow the contributory negligence system.
- Alabama
- Maryland
- North Carolina
- Virginia
What is Comparative Negligence?
Today, most states, including Rhode Island, operate under a system called comparative negligence. Under comparative negligence, the court assigns a certain “percentage” of fault to different parties involved in an incident, like a car crash.
For instance, if you were found to be 10% negligent, you could still recover 90% compensation for your damages, like medical bills.
Comparative Negligence Example
Let’s return again to our previous example of a distracted driver and a speeder. While you still contributed to the accident by speeding, you would be assigned a percentage of fault to share with the driver who ran the stop sign.
For instance, the court may determine that the other driver was 80% negligent while you were only 20%. So, if you incurred $10,000 worth of medical bills from the crash, the other driver would be liable for $8,000.
Comparative Negligence States
Currently, every state other than the four listed above follows comparative negligence systems. However, some states modify the comparative negligence rule by adopting the 50 or 51% rule.
The “50 percent bar rule” means that if you’re found to be 50% or more at fault for the incident, then you won’t be able to recover any damages. States that operate under 50% modified comparative negligence include examples like Arkansas, Nebraska, and Tennessee.
Other states operate under the “51 percent rule,” meaning you can’t share more than 51% of the fault for an incident. In other words, it’s still possible to collect a settlement even if you equally share the fault with another person. States that have adopted the 51% rule include Texas, Oregon, Pennsylvania, and South Carolina.
Finally, some states operate under pure comparative negligence, which doesn’t prevent you from recovering a potential settlement, no matter your percentage in the fault. In other words, even if you’re 90% at fault in the accident, you could still potentially receive a settlement for the remaining 10%. States that operate under pure comparative negligence include Rhode Island, New York, and North Carolina.
Conclusion: Comparative Negligence vs Contributory Negligence
In essence: States that operate under a comparative negligence system allow personal injury victims to recover settlements, even if they’re partially negligent, but their percentage of fault reduces the overall sum of their settlement. On the other hand, contributory negligence bars a person from recovering any settlement if they contribute any percentage of negligence to the incident.
A Rhode Island Personal Injury Lawyer for your case
If you need help settling a personal injury case, Petrarca Law is continuously rated as the best Providence personal injury lawyer.
We can help you determine if you could be eligible for a partial settlement under Rhode Island’s pure comparative negligence principle. We can help you gather evidence and build your case, negotiate on your behalf, and even represent you in a courtroom. We’ll fight tirelessly for your rights and won’t rest until you’ve received a fair settlement that you’re entitled to under the law.
Contact us today for a free consultation.