Every state in the U.S. follows some type of contributory negligence law when dealing with personal injury cases. These laws affect how courts assign fault and liability when two or more parties play a role in causing an accident. Personal injury lawyers commonly use this defense strategy to argue that plaintiffs (people who file cases) are also at fault. So, what is contributory negligence and how might it affect your case?
What Is Contributory Negligence in Personal Injury?
If you look at most contributory negligence cases, you will notice that they share a common link. They require proving that a plaintiff was also at fault and did not exercise suitable caution, thereby playing a role in causing the accident that led to his/her/their injuries. The onus of proving a plaintiff’s contributory negligence rests with the defendant who must demonstrate that:
- The plaintiff failed to take reasonable care for his/her/their own safety.
- The plaintiff had a role to play in the accident and the resultant injuries.
- The consequences of the plaintiff’s actions were reasonably predictable.
The Effect of Contributory Negligence on Personal Injury Claims
Contributory negligence in tort or a civil wrong involves deducting a percentage of the damages accorded to a victim based on his/her/own role in the accident leading to the injuries. The amount a court may deduct can be significant depending on the fault assigned to the victim. For example, if a court finds you to be 50% at fault, the compensation you may get drops by 50%.
Defense attorneys need to prove contributory negligence on the part of the victim and propose splitting the liability. If you’re a victim, your attorney can review and assess the evidence presented by the defense team and establish whether the allegations will hold ground in court, and also determine if the proposed split is reasonable or needs negotiation. In case both parties cannot reach an agreement, a court decides the matter based on the evidence at hand.
Contributory Negligence Examples
Here are some examples of contributory negligence cases that indicate how you can also be at fault for an accident that results in injuries.
- A driver who runs a red light crashes into your car when you’re overspeeding.
- An overspeeding motorist crashes into your car when you’re making an illegal U-turn.
- You’re intoxicated and crossing a street, when an overspeeding car hits you.
- You slip and fall in a store because of a water spill with no warning sign, but you’re distracted because you’re texting at the same time.
- A dog bites you after you aggravate it despite the owner warning you of its possible aggressive behavior.
Contributory vs. Comparative vs. Modified Comparative Fault
State laws have a bearing on the effect of contributory negligence when it comes to seeking compensation by filing personal injury lawsuits. While some states reduce the percentage of damages a plaintiff might seek, a few prohibit claimants from seeking any compensation if they’re partially at fault.
Contributory Negligence
States that follow the contributory negligence fault system forbid victims from seeking compensation if they had any role in the accident that resulted in their injuries. This is the case even if the fault assigned to the victim is as low as 1%. Only four states – Alabama, Maryland, North Carolina, and Virginia – along with Washington D.C. follow this doctrine.
Pure Comparative Negligence
States that follow the pure comparative negligence fault system do not restrict victims from seeking compensation if they’re partially at fault for an accident that led to their injuries. However, the percentage of fault assigned to them has a bearing on the damages they may recover. For example, if a court finds you to be at 25% fault, the compensation you may receive reduces by 25%. New York follows the pure comparative fault negligence system, and some other states on the list include Arizona, California, Louisiana, Missouri, Rhode Island, and Washington.
Modified Comparative Negligence
The modified comparative negligence fault system does not automatically restrict victims from seeking compensation if they are partially at fault for their own injuries. However, depending on the state in which you reside, this changes if the fault assigned to you is 50% or 51%. Some states that follow the 50% system include Arkansas, Colorado, Georgia, Maine, and Tennessee. Some that follow the 51% system include Connecticut, Hawaii, Indiana, Minnesota, Vermont, and Wyoming.
Does New York Recognize Contributory Negligence?
Section 1411 of New York’s Civil Practice Law & Rules governs “damages recoverable when contributory negligence or assumption of risk is established.” The pure comparative fault system applies to all personal injury cases, including ones that involve property damage and wrongful death. This law states that while victims’ negligence does not bar them from seeking compensation, the fault attributed to them will affect their recoverable damages.
So, according to the New York comparative negligence law, even if a court finds you 75% at fault for an accident that caused your injuries, you may still recover 25% of the damages.
Can You Minimize the Fault Assigned to You?
Whether you’re a plaintiff or a defendant, proving negligence in a personal injury case requires careful documentation of your role in an accident that results in injuries so you may minimize the fault assigned to you. Here are a few simple steps you may follow to make sure you stay on the right track.
- If the police arrive at the scene of the accident, tell them exactly what you saw and heard; and don’t lie.
- Use your phone to capture photos and videos of the scene of the accident.
- Collect contact details of witnesses.
- Do not discuss details of the case with the opposing party.
- Don’t try to negotiate with the opposing party’s attorney or insurance company on your own.
- Don’t accept fault at any stage.
- Get in touch with an experienced personal injury lawyer or attorney.
Conclusion
Contributory negligence cases can be complicated because courts tend to be subjective when assigning fault. Besides, matters can get trickier if more than two parties are involved, given that each will try to minimize its own liability and pin the blame on others. As a result, if you suffer injuries in an accident where you think you might also be a fault, partnering with a personal injury law firm is in your best interest.