Pure

In pure comparative negligence states, an injured party can recover compensation for damages even if they are mostly at fault for an accident. The recovery is reduced in proportion to the percentage of fault assigned. Understanding which states follow pure comparative negligence is crucial for anyone pursuing a personal injury claim where fault may be shared.

Understanding Pure Comparative Negligence

Pure comparative negligence allows accident victims to recover damages regardless of their degree of fault. If you are 70% at fault in a state with pure comparative negligence, you can still recover 30% of the total damages awarded. This system contrasts with modified comparative negligence, where exceeding a certain fault threshold may bar any recovery.

Each state establishes its own rules, and evidence plays a critical role in determining percentages of fault. Police reports, witness statements, photographs, and surveillance footage can all help demonstrate the circumstances and the proportion of responsibility. Attorneys often work with accident reconstruction experts and medical professionals to calculate the damages that can be recovered after reducing them by the injured party's fault percentage. Understanding how your state handles comparative negligence ensures that you pursue claims correctly and avoid losing compensation unnecessarily.

What to Do Next

Immediately gather evidence at the scene, including photos, videos, and witness information. Keep detailed notes on injuries and medical treatment. Consult an attorney familiar with comparative negligence to determine the percentage of fault and the amount of compensation you may recover. Timely action ensures your rights are preserved.

Related Topics