What if two or more people are at fault for the same accident?

If two or more people are at fault for the same accident, Delaware follows the “modified comparative negligence” rule. Under this rule, a victim of a car accident can still receive compensation for their losses, even if they are partially at fault for the accident. However, the amount of compensation they will receive will be reduced by their own percentage of fault. For example, if two people were equally at fault (50 percent each) for an accident, and the victim’s recovery costs totaled $10,000, then each at-fault party would be responsible for $5,000. If the victim was found to be 25% at fault, then they would receive $7,500 from the at-fault parties. In Delaware, an individual with more than 50% fault will not be able to recover anything. This is sometimes referred to as the “51% bar rule”. Even if the other parties were more at fault, if the victim’s own negligence is more than half of the fault, he or she will not be able to collect any damages. It is important to note that the modified comparative negligence rule is only utilized in the civil court system. In criminal court, assigning fault in a car accident is not relevant, and the criminal case will continue with each party being judged based on their own conduct.

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What if two or more people are at fault for the same accident?

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