The amount of recovery you can get after an injury from an auto accident can vary state to state. Every state has its own negligence standard that comes into play to determine the amount of compensation, or whether there will be any compensation or not.
The two main standards that over 90% of the states share are Comparative Negligence and Pure Comparative Negligence.
In California, we have a Pure Comparative Negligence standard to follow when we are awarding damages to victims in auto accidents or other injury cases.
Let’s discuss the differences below.
Pure Comparative Negligence
In a Pure Comparative Negligence jurisdiction, a defendant is only liable for the percentage of his or her fault. Basically, an injured person is allowed to recover regardless of how much at fault they for causing. The amount of their recovery is reduced based on the degree of fault they have in the accident.
For example, if you were 75% responsible for an auto accident, you will still be able to recover 25% of your ultimate damages award in a pure comparative negligent state. So, in this example, let’s say a jury determined that you have combined damages valued at $100,000 (for your medical bills, pain and suffering, lost wages, etc.), you will still be awarded $25,000 even though you were more at-fault for the auto accident.
Only a few states use the more plaintiff-friendly standard of Pure Comparative Negligence. They are: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.
Comparative Negligence
In straight Comparative Negligence states (also known as Modified Comparative Negligence), you may only recover for your injuries if your percentage of fault does not exceed 49% or 50% (depending on the state). If you are found to be either 50% or greater at fault (with some states being 51% or greater) for an accident, you will not get any compensation for your injuries.
So in the example used above, if the auto accident occurred in a modified comparative negligence jurisdiction, you wouldn’t be able to collect a dime.
Have you been injured in an auto accident? Let our office get you the maximum compensation possible under your state’s negligence standard.