What is comparative negligence?
Comparative negligence is a legal theory that is used to determine liability and damages in car accident cases in Alaska. Comparative negligence states that a plaintiff (person who is suing) and a defendant (person being sued) can both be at fault for an accident, and each party will be assigned a percentage of fault for the accident. The amount of money awarded to a plaintiff will be reduced in proportion to his or her percentage of fault. For example, if the plaintiff is found to be 30% at fault and the damages awarded are $20,000, then the plaintiff will receive $14,000, as 30% of the money would be deducted due to the plaintiff’s fault. This also means that if the plaintiff is more than 50% at fault for the accident, they will not be able to recover any damages from the defendant. Comparative negligence is an important concept in car accident cases in Alaska, and it is important for anyone who has been involved in an accident to understand this legal concept.
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