{"id":352926,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/contributory-and-comparative-negligence.html"},"modified":"2025-10-07T18:06:56","modified_gmt":"2025-10-07T23:06:56","slug":"contributory-and-comparative-negligence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/contributory-and-comparative-negligence.html","title":{"rendered":"Contributory and Comparative Negligence"},"content":{"rendered":"\n
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Contributory and Comparative Negligence<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

In personal injury law, more than one person could share fault for an accident, including the injured person themselves. This is when state laws of contributory fault or comparative fault can apply. The main difference between these rules is whether the injured person can still get compensation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Imagine you’re in a car accident. You ran a red light, but the other driver was speeding. Who’s at fault? Understanding the rules of contributory and comparative negligence can help answer this.<\/p>\n

This article discusses the differences between comparative and contributory negligence. It also explains how these legal doctrines apply to personal injury cases. Every claim is unique, so speak with a local personal injury lawyer<\/a> to understand who may be liable for your losses.<\/p>\n

What Are Contributory and Comparative Negligence?<\/h2>\n

Contributory negligence and comparative negligence are the two main rules to determine liability. In personal injury cases, like a car accident or premises liability<\/a> claim, figuring out who is at fault<\/a> is important. Negligence can affect who is responsible for paying the damages (money) related to the injury and property damage.<\/p>\n

If the other party’s negligence<\/a> was the cause of your accident or injury, they would be liable to compensate you fully. But if your own negligent actions caused additional danger, they may owe you less \u2014 if any \u2014 compensation for your losses.\u00a0<\/p>\n

Read the definitions of each type of negligence below:<\/p>\n