What is comparative negligence?

Comparative negligence is a concept in Illinois law that attempts to assign responsibility to all parties involved in a car accident. The law states that each party is responsible for the damages they caused, and the percentage of responsibility is based on the actions of each party before and during the accident. For example, if one driver was speeding and the other driver failed to yield the right of way, each may be assigned a percentage of fault. The damages for each party are then awarded in proportion to their percentage of negligence. All states have their own methods of determining the extent of each party’s fault, with either pure comparative negligence or modified comparative negligence being the two most common. In the case of pure comparative negligence, each party’s total liability is based on the percentage of their fault in the accident. In the case of modified comparative negligence, a party is only responsible for their portion of the damages up to a certain set amount, such as 50%.

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What is comparative negligence?

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