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Index

1. Types of Comparative Negligence
2. How Comparative Negligence Affects Compensation
3. Proving Fault in a Comparative Negligence Case
4. State Laws on Comparative Negligence
5. Examples of Comparative Negligence in Personal Injury Cases
6. Strategies for Maximizing Compensation

When an accident occurs, determining fault is crucial in deciding who is responsible for damages. But what happens when both parties share some degree of blame? This is where the legal doctrine of comparative negligence comes into play. Many states allow victims to recover compensation even if they were partially at fault for the accident. This article explores how comparative negligence works and how it impacts personal injury claims. In Nebraska, we have contributory negligence, which allows a claimant to recover damages from an at-fault party or parties, so long as the claimant’s own contributory negligence is not equal to, or greater than, 50%.

Types of Comparative Negligence

Comparative negligence is a legal principle used to allocate fault in an accident where more than one party is responsible. Under this rule, an injured party may still receive compensation, but the amount is reduced based on their percentage of fault. This concept ensures that victims are not completely barred from recovering damages simply because they played a minor role in causing the incident.

There are two main types of comparative negligence, which vary by state:

Pure Comparative Negligence

Under pure comparative negligence, an injured party can recover damages even if they are 99% at fault for an accident. However, their compensation is reduced based on their degree of fault. For example, if a plaintiff is awarded $100,000 but found to be 40% at fault, they would receive $60,000.

Modified Comparative Negligence

Modified comparative negligence sets a threshold limit on recovery. If a plaintiff’s fault exceeds a certain percentage—typically 50% or 51%, depending on the state—they are barred from recovering any damages.

• 50% Bar Rule: A plaintiff can recover compensation if they are 50% or less at fault but nothing if they are more than 50% responsible.
• 51% Bar Rule: A plaintiff can recover compensation if they are 50% or less at fault, but 51% or more at fault results in no compensation.

How Comparative Negligence Affects Compensation

The amount of compensation an injured party receives is directly impacted by their percentage of fault. After determining damages, an injured party’s own negligence will reduce any settlement or award they receive. Courts and insurance adjusters determine fault by examining evidence, witness statements, and expert testimony. If a plaintiff is found partially responsible, their award is adjusted accordingly.

For instance, in a car accident where the total damages amount to $200,000:

• If the injured party is 25% at fault, they receive $150,000.
• If the injured party is 49% at fault, they receive $102,000.
• If the injured party is 50% or more at fault (in a 50% or 51% bar rule state), they receive nothing.

Proving Fault in a Comparative Negligence Case

To successfully claim compensation, plaintiffs must provide evidence that the other party, or parties, bears a greater share of fault.

This can be established through:

• Police Reports: Official documentation of the accident and statements from involved parties.
• Witness Testimonies: Third-party accounts of how the accident occurred.
• Surveillance Footage: Camera recordings can serve as indisputable evidence.
• Expert Analysis: Accident reconstruction specialists can analyze and present findings that clarify fault distribution.
• Preservation of Evidence: i.e. ECM downloads, cellphone extraction records, etc.

State Laws on Comparative Negligence

In Nebraska, the legal framework for negligence claims is governed by the doctrine of modified comparative negligence. This system allows an injured party to seek compensation even if they are partially at fault for an accident, provided their share of negligence is less than 50%. If a plaintiff’s negligence is found to be equal to or greater than 50%, they are barred from recovering any damages.

Under Nebraska’s contributory negligence statute, Neb. Rev. Stat. § 25-21,185.09, any awarded damages are reduced proportionally to the plaintiff’s degree of fault. For instance, if a plaintiff is deemed 30% responsible for an accident and the total damages amount to $100,000, their recoverable compensation would be reduced by 30%, resulting in a $70,000 award.

Nebraska’s contributory negligence statute articulates this principle, stating that a plaintiff’s contributory negligence diminishes the amount of recoverable damages in proportion to their assigned percentage of fault. However, “if the contributory negligence of the claimant is equal to or greater than the total negligence of all persons against whom recovery is sought, the claimant shall be totally barred from recovery.” Id. It’s important to note that the determination of fault percentages is typically a matter for the fact-finder, such as a jury, to decide. This assessment involves evaluating the actions of all parties involved to ascertain their respective contributions to the incident.

Understanding Nebraska’s comparative negligence laws is crucial for anyone involved in an accident where multiple parties may share responsibility. Consulting with a knowledgeable personal injury attorney can provide guidance on how these laws apply to specific circumstances and help in pursuing appropriate compensation.

Examples of Comparative Negligence in Cases

To better understand how comparative negligence works, here are a few real-world scenarios: 

Example 1: Car Accident

Jane was speeding when she collided with Mark, who ran a red light. The court finds Jane 30% at fault for speeding and Mark 70% at fault for ignoring the red light. If Jane’s total damages amount to $250,000, she can recover $175,000 after a 30% reduction.

Example 2: Slip & Fall

Tom slips on a wet floor in a grocery store but was looking at his phone instead of watching where he was going. The store is found 80% at fault for failing to put up a warning sign, while Tom is 20% at fault for not paying attention. If his total damages are $400,000, he will receive $320,000.

Strategies for Maximizing Compensation

If you are partially at fault, you can still take steps to maximize your compensation:

• Hire an Experienced Attorney: Legal experts can argue to reduce your percentage of fault.
• Gather Strong Evidence: Photos, medical records, and eyewitness statements can support your claim.
• Be Cautious with Statements: Avoid admitting fault in recorded conversations with insurance companies.
• Negotiate Effectively: Insurance companies may try to increase your fault percentage to reduce payouts—legal representation helps counteract these tactics.

 Comparative, or contributory, negligence allows accident victims to recover compensation even if they bear some responsibility for an incident. However, the amount of compensation depends on state laws and the degree of fault assigned. Understanding the different types of comparative negligence, how fault is determined, and ways to strengthen your case can make a significant difference in the outcome of your claim.

Schedule a Free Consultation with Chandler | Conway

If you have been involved in an accident where fault is disputed, consulting an experienced personal injury attorney is essential to ensure you receive the maximum compensation possible. All Chandler|Conway attorneys are incredibly experienced and knowledgeable in trial cases. Our attorneys will determine the best strategy for you and your family based on the specific circumstances of your situation and, when necessary, represent those interests in court.

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