What is comparative negligence?

Comparative negligence is a legal doctrine used to assess fault in car accident cases. In Maine, comparative negligence works on a 50 percent rule. This means that if both parties are responsible for the accident, but one party is found to be more at-fault than the other, the amount of damages that a party can be awarded will be reduced by the percentage of their own fault. For example, if a person was found to be 40 percent at fault for a car accident, he or she may only be able to recover 60 percent of the damages. The idea behind comparative negligence laws is that both parties should share responsibility for the accident. By assigning degrees of negligence to each party, it encourages drivers to exercise caution on the roads and to be aware of their own actions. It also encourages them to resolve disputes without involving the court system. In Maine, the comparative negligence statute does not apply to cases of gross negligence or intentional act. In those cases, the court is allowed to find one party fully liable for the accident and not hold the other party responsible at all. In addition, the court will consider the circumstances of the accident, such as whether the parties were speeding or following the rules of the road, to determine the appropriate level of negligence.

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What is comparative negligence?

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