What is Comparative Negligence?

Comparative negligence is a legal principle relating to who is at fault in an accident. In the state of West Virginia, this principle of law states that any person involved in an accident is responsible for their proportional share of the resulting damages, depending on the amount of fault each person has. For example, if two people are in a car accident and one is deemed to be 70% at fault and the other is 30% at fault, the person who is 70% at fault will be liable for 70% of the total damages caused by the accident. The person who is only 30% at fault will be liable for 30% of the total damages. Comparative negligence is important when it comes to settling an accident claim with an insurance company. If an individual is found to have been partially at fault in an accident, the insurance company will only pay a portion of the claim that is equal to the individual’s proportion of fault in the accident. It is important to remember that any individual involved in an accident is responsible for their own proportion of fault, regardless of who caused the accident or who was more negligent. In the case of an accident in West Virginia, all parties will be held accountable for their portion of the damages according to the principle of comparative negligence.

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What is Comparative Negligence?

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