What is comparative negligence?

Comparative negligence is a legal concept in Wisconsin car accident law that is used to apportion liability between two or more parties who are believed to have caused an accident. In Wisconsin, comparative negligence is based on a modified version of the doctrine known as “51% Bar Rule”. This rule states that if an injured party’s negligent action is found to be the cause of the accident by over 51% they cannot recover compensation for any damages. Comparative negligence works by assigning a percentage of fault to all parties in an accident based on the evidence. A jury or judge can decide the amount of negligence each party holds. For example, if a driver was 75% at fault and a pedestrian was 25% at fault for a car accident, the pedestrian can receive compensation for their injuries, but the amount of damages awarded will be reduced by 25%. By assigning each party a percentage of fault, comparative negligence helps courts determine who is responsible for the accident and, in turn, who is responsible for compensating the victims. In Wisconsin, if it is determined that the injured party holds more than 51% of the fault, they are barred from recovering any damages.

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What is comparative negligence?

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