What is comparative negligence?

Comparative negligence is a legal concept used in Delaware when determining who is at fault in a car accident. Comparative negligence is based on the idea of fault sharing, meaning that both or multiple parties involved may share some of the blame for an accident. In Delaware, comparative negligence is used to determine the amount of money that each party should receive for any losses associated with the accident. Under comparative negligence, the amount of money each party must pay will depend on their percentage of fault. This means that if one party is found to be 70% at fault for the accident, they must pay 70% of the victim’s losses. For example, if a driver runs a red light and collides with another vehicle, they may be found to be 70% at fault for the accident. The driver will then be responsible for 70% of the damages caused, while the other party may only be responsible for the remaining 30%. Comparative negligence is why it is important to make sure you not only follow the rules of the road, but also practice defensive driving. It is also a reminder to not place all the blame on the other party in an accident. Even if it appears to be someone else’s fault, it is possible they may be found to have some amount of fault, leaving you to also take responsibility.

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What is comparative negligence?

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