{"id":353059,"date":"2016-04-04T10:46:35","date_gmt":"2016-04-04T15:46:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/comparative-negligence.html"},"modified":"2025-09-17T11:06:01","modified_gmt":"2025-09-17T16:06:01","slug":"comparative-negligence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/comparative-negligence.html","title":{"rendered":"What Is Comparative Negligence?"},"content":{"rendered":"\n
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What Is Comparative Negligence?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\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

\n \n <\/i>\n Fact-Checked\n <\/summary>\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

Comparative negligence<\/span> is a legal doctrine used to allocate fault among parties involved in an accident, affecting the damages a plaintiff can recover. Types of <\/span>comparative negligence<\/span> include pure <\/span>comparative negligence<\/span>, where recovery is reduced by the claimant<\/span>‘s fault percentage, and modified <\/span>comparative negligence<\/span>, which limits recovery based on specific thresholds.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

After a car accident<\/span>, insurance companies<\/span> compare information to determine which driver caused the crash. Determining the amount of fault<\/span> in a collision helps establish the award and the cause of the accident.<\/p>\n

It\u2019s very rare that one person is totally at fault in an accident. Although one driver is primarily at fault, the other driver may share some responsibility. Sometimes a third party can be partially responsible, or other factors may intervene. For instance, one driver may have been speeding while the other was texting, and the accident happened after both slid on an icy road.<\/p>\n

Assigning blame in an accident is known as comparative negligence<\/span><\/a>. The theory of comparative negligence<\/span> allocates a percentage of fault<\/span> in an accident and helps insurers and courts assess the plaintiff\u2019s damages<\/span>.<\/p>\n

Types of <\/span>Comparative Negligence<\/span><\/strong><\/h2>\n

After an accident, the plaintiff must show that the other driver\u2019s negligence<\/a> caused their injuries. Negligence means proving four elements:<\/p>\n