Understanding the Pure Comparative Negligence Law in Simpler Words
Understanding the Pure Comparative Negligence Law in Simpler Words
Legal jargon has a way of confusing most people. This particular phrase is no different. In short, according to "pure comparative negligence law" more than one person can be at-fault for a car accident. However, if the plaintiff and defendant share fault, the plaintiff may still recover a reduced amount of damages.Simplification of Comparative Negligence LawAt the heart of this legal phrase is "comparative negligence." It's important to understand what these two words mean so that the rest of the phrase makes perfect sense. Negligence refers to the fact that someone intentionally, willfully, or by sheer avoidance of responsibility caused something unpleasant to occur.Comparative negligence, then, refers to negligent behavior between two or more parties that reflects a comparative level of negligence. An example might be that a pedestrian takes a walk and crosses a street at the wrong light or in the middle of the street. The pedestrian is then hit by a speeding car.The victim then attempts to sue the driver for the injuries that occurred. However, the comparative negligence law says that the pedestrian, as well as the driver, are at fault. The pedestrian wasn't crossing at a safe time and place, and the motorist struck the pedestrian with a speeding vehicle.If you were involved in a similar accident, get a pedestrian accident lawyer to help you pursue compensation. Your attorney can navigate the pure comparative negligence laws in your state and increase your chances of recovery.Why "Pure" Precedes Comparative NegligenceIn some states, comparative negligence law can dictate a percentage of fault for the plaintiff and defendant, which, in turn, dictates how much the plaintiff can recoup in damages. Under the pure comparative negligence rule, the victim can access damages even if they are 99% responsible for the crash. If this is the case, they will recover the remaining 1% in damages.A handful of states practice pure comparative negligence where car accidents are concerned. California and New York are some of those states. Ergo, even though the police have to be called to the scene of an accident and all parties involved have to exchange insurance information, determining fault can be a complex matter.Other Types of Comparative Negligence
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About Leland D. Bengtson
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. He aims to draw in the public and make people more interested in the field. He is active on multiple platforms to increase his outreach to the public. Leland tirelessly covers all types of legal issues, but he has a personal preference for medical malpractice. This is mainly because he witnessed the implications of medical malpractice on a family member.