What does comparative negligence mean in a pedestrian accident case?

Comparative negligence is a legal concept that is used in North Carolina to determine who is at fault for a pedestrian accident. Comparative negligence is a form of legal fault that looks at each person’s actions and assigns a percentage of fault to each person involved. In a pedestrian accident, the pedestrian may be found partially at fault based on their actions prior to the incident. Determining comparative negligence involves a legal analysis of the accident. A judge or an insurance company might investigate the circumstances of the accident to determine the percentage of fault. For example, if a pedestrian was distracted and stepped out into the road without looking, they might be found partly at fault. However, if the driver was speeding or driving recklessly, they might also be found partially at fault. Comparative negligence is important in pedestrian accident cases because it determines the degree of responsibility of each party involved. If a judge finds that a driver was more than 50% at fault for the accident, then the pedestrian will be able to sue them for damages. However, if the pedestrian is found to be more than 50% at fault, then they will not be able to recover damages from the driver. The amount of damages a pedestrian can receive will be reduced in proportion to the amount of fault found to be attributable to the pedestrian.

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What does comparative negligence mean in a pedestrian accident case?

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