contributory negligence

The Difference Between Comparative Negligence and Contributory Negligence

When a person’s careless driving or negligence for safety and security policies leads to an accident, the legislation offers victims the right to look for payment for their losses. However, what happens if their activities also contributed to the crash somehow? Depending on the state’s regulations, an Indianapolis car accident lawyer can significantly influence your ability to collect damages on your behalf. Below is a quick guide to the distinction between comparative negligence and contributory negligence.

comparative negligence and contributory negligence

What is Contributory Negligence?

A couple of states still apply the vehicle accident lawyer contributory negligence standard, which serves as a total bar to payment if the victim remained in any way responsible for the incident. For example, if a motorist runs a stoplight and causes a crash, they may not be held liable if the target exceeds the speed limit. An auto insurance company will often assert that the victim shared fault for the collision to lessen their economic threat in states that still utilize the concept of contributory negligence.

What is Comparative Negligence?

Indiana uses modified comparative fault, which allows injured parties to accumulate at least some payment for their losses. A victim’s settlement amount is reduced in proportion to how much she or he contributed to the accident, which a judge or court ultimately determines. If, for instance, your injuries resulted in $20,000 in losses, and also you shared 10% of the fault, the final honor would certainly be $18,000. An accomplished automobile accident lawyer Indianapolis with the resources and knowledge to securely develop responsibility is instrumental in achieving the full settlement you should have.