What is comparative negligence?

Comparative negligence is a legal doctrine used in Massachusetts and other states when dealing with car accident cases. It dictates that liability in a car accident claim should be proportionally shared between two or more parties. This means that if an injured party is deemed to be partially at fault for a car accident, they will not be completely barred from recovering damages, but rather, their damages will be reduced in proportion to their degree of fault. For example, if one party is found to be 40% at fault, their damages will be reduced by 40%. To successfully invoke the comparative negligence doctrine, it must be proven that both parties were at least partially liable for the crash. Therefore, if one party is found to be 100% at fault, the comparative negligence doctrine will not be applicable and the other party may receive full compensation for their resulting damages.

Related FAQs

Is there a limit to how much a car accident settlement can be?
What should I do if I was injured in a car accident while a pedestrian?
Who pays for damage after a car accident?
What if I was injured in a car accident but the other driver was never identified?
What if the other driver is not responding to my car accident lawsuit?
How can I get a copy of the police report from a car accident?
Do I need an attorney for a car accident case?
How can I prove my physical and emotional damages from a car accident?
What should I do if the other driver’s insurance company denies my claim?
Can I still get a settlement if the other driver has an expired license or no license at all?

What is comparative negligence?

Related FAQs

Related Blog Posts