Types of Negligence in Auto Accidents

Two Cars Involved in Accident With Drivers Using Their Mobile Phones Making a Phonecall

Auto accidents are unfortunately an everyday occurrence. The driver deemed to be at fault in most cases is responsible for paying for damages. His or her insurance policy covers the claimant’s damages and other expenses resulting from the accident.

The amount of the settlement varies based on the philosophy of negligence. The Law Offices of John D. Halepaska, therefore, stresses the importance of having an auto injury attorney to ensure you get a fair settlement as the claimant. Here are the various forms of negligence in auto accidents that influence your compensation.

Pure Contributory Negligence

In this type of negligence, the claimant will only recoup damages if he or she is not at any fault in the auto accident. This form of neglect is deemed draconian since accident victims receive no compensation if found to be at even a slight fault. As a result, pure contributory negligence is allowed in only a few states.

Pure Comparative Negligence

This is arguably the most accommodating for both parties among the three forms of negligence in auto accidents. It allows claimants to get compensation based on the level of their fault in the accident. If, for instance, you are 75% liable for an accident, your compensation will be 25% of the settlement.

Modified Pure Comparative Negligence

This is the “middle-of-the-road” form of negligence, as it has features of both contributory and comparative negligence. It allows the claimant to get compensated but only if his or her fault does not surpass the state’s set limit of contributory negligence. The limit is fortunately approximately 50-51% in most states. A claimant with 52% contributory negligence in this instance consequently gets no compensation in modified pure comparative negligence.

Determining the degree of your negligence in an auto accident is tricky. The defendant’s insurance will employ all tactics to reduce or negate your compensation based on your perceived negligence. Hiring an attorney skilled in auto accidents to defend you is hence of paramount importance.