Negligence laws play a central role in determining the outcome of car accident claims. These laws dictate how liability is assigned when multiple parties are involved and how much compensation an injured party can receive. Understanding these doctrines—which includes comparative negligence, contributory negligence, and pure negligence—is important for anyone navigating a car accident claim.
This article explores the various negligence doctrines used in the U.S., including how they impact states specifically, including New York, New Jersey, Connecticut, Pennsylvania, and Florida.
Continue reading below for more information, but for those who are in need of legal assistance, please contact Brandon J. Broderick, Attorney at Law to discuss your specific case with an experienced car accident lawyer.
What Are the Types of Negligence Laws?
Negligence laws generally fall into three categories:
Contributory Negligence
This doctrine bars an injured party from recovering any compensation if they are found even partially at fault for the accident. Contributory negligence is highly restrictive and is no longer widely used. Only a few states, such as Alabama, Maryland, North Carolina, Virginia, and Washington, D.C., follow this rule.
Comparative Negligence
Comparative negligence allocates fault among all parties involved and reduces the plaintiff’s compensation based on their percentage of fault. For example, if a driver is found 20% at fault for an accident and their damages are $100,000, they would receive $80,000.
The two main comparative negligence types are as follows:
- Pure Comparative Negligence: This type of negligence will allow a plaintiff to recover damages even if they are 99% at fault.
- Modified Comparative Negligence: Limits recovery if the plaintiff’s fault exceeds a certain percentage, typically 50% or 51%.
Pure Negligence
Pure negligence refers to straightforward liability cases where a single party's negligence is entirely responsible for the accident.
State-Specific Negligence Doctrines
New York: Pure Comparative Negligence
New York follows a pure comparative negligence rule. This means that even if you are 90% at fault, you can still recover 10% of the total damages. This doctrine ensures that plaintiffs are not entirely barred from compensation, regardless of their share of fault.
New Jersey: Modified Comparative Negligence
New Jersey adheres to a modified comparative negligence system. If a plaintiff is 50% or more found to be at fault, they are not allowed to recover any damages. However, if they are 50% or less at fault, they can recover damages proportionate to their level of responsibility.
Connecticut: Modified Comparative Negligence
Connecticut also uses a modified comparative negligence rule. This will allow a plaintiff to recover damages if they are less than 51% at fault. If their fault exceeds this threshold, they cannot recover compensation.
Pennsylvania: Modified Comparative Negligence
In Pennsylvania, plaintiffs can recover damages as long as their fault does not exceed 50%. This system encourages fairness by allowing partial recovery while barring claims from those who are primarily at fault.
Florida: Modified Comparative Negligence (Post-2023 Update)
Florida recently adopted a modified comparative negligence rule. Plaintiffs can recover damages only if they are less than 51% at fault. This significant change aligns Florida with states like New Jersey and Connecticut.
Proving Negligence in a Car Accident Case
Proving negligence is important for a successful car accident claim. To do this, the injured party must show the following elements:
- Duty of Care: The at-fault party had a responsibility to act reasonably, such as following traffic laws.
- Breach of Duty: The at-fault party failed to uphold their duty of care, such as by speeding or driving distracted.
- Causation: This is established by showing that the breach of duty was directly caused by the accident, resulting in injuries.
- Damages: The injured party suffered losses, such as medical expenses, lost wages, or pain and suffering.
How Negligence Doctrines Impact Compensation
Negligence laws significantly affect the compensation you may receive in a car accident claim.
- Contributory Negligence States: Any fault on your part eliminates your right to compensation.
- Comparative Negligence States: Compensation is reduced based on your percentage of fault.
- Pure Comparative Negligence States: Allows recovery regardless of fault, but damages are proportionately reduced.
For example, in New York, even a driver who is 80% at fault can recover 20% of their damages. However, in states like New Jersey and Pennsylvania, fault exceeding 50% prevents any recovery.
Why Legal Representation Is Essential
Navigating negligence laws can be complex, especially when liability is disputed. An experienced car accident attorney can help by:
- Identifying and gathering evidence: accident and police reports, witness statements, and photos or video footage.
- Consulting with experts to reconstruct the accident.
- Handling all communication and negotiations with the insurance companies to obtain a fair settlement.
- Representing you if your case must go to trial.
Call Brandon J. Broderick For Legal Help
Navigating car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.