Any accident that leaves you physically injured will disrupt your life. While you recover, you will have to settle medical bills while trying to overcome the inevitable emotional trauma.
This is why proving negligence is so important. If you are injured, you must prove that the other party involved in the accident directly caused your injuries. How well you do this will impact the compensation you can claim.
Moreover, contributory fault affects the compensation amount as well.
What is Contributory Fault?
Different states follow different laws. These include the modified comparative negligence or proportionate responsibility system. This system means you can recover damages only if you are less than 51% at fault for the accident. You cannot recover damages if your fault percentage is more than 50%.
On the other hand, contributory fault means you may not be able to recover any damages, even if you are only partially at fault for the accident. So, even if you prove the other party was negligent and their actions injured you, it does not mean you will automatically receive compensation.
This is because defendants can use contributory fault as a defense. This means that the defense claims that they cannot be held solely responsible because you also played a part in causing the accident.
For instance, if you were speeding and the defendant did not use their turn signal, you are both to blame for the accident. This makes it very difficult to claim compensation for injuries.
This is also why contributory fault applies in only a few states, including Alabama, Maryland, North Carolina, and Virginia.
Contributory Fault and Comparative Negligence
By contrast, most states follow comparative negligence laws. Under comparative negligence rules, it is far easier to claim compensation even if you had a part in the accident. However, your compensation will be reduced based on your percentage of fault.
For instance, if you are 20% to blame for the accident, you can only claim 80%. This is a generalization, as other factors may impact your total compensation.
A state will either follow a pure comparative fault system or a modified comparative fault system. The modified comparative fault system works at either 51% or 50%, depending on the state.
Pure comparative fault means you can pursue compensation even if you are 99% to blame for the accident.
How Contributory Fault Works
If the defendant in your case wants to avoid paying compensation via the contributory negligence rule, they must prove the following:
- You had a duty to act reasonably to avoid being injured.
- You were negligent and failed to act in said manner when another person would have.
- Because of your negligence, you caused all or part of the accident.
The contributory fault system leaves little room for negotiation. This is why some states have modified the doctrine to reduce the likelihood of unfair outcomes.
This means you may still be able to recover damages from the defendant even if you were negligent. But this also means that the defendant must be the last person involved in the incident and that they could have prevented your injuries.
In addition, it means they could have prevented your injuries by acting reasonably, but they failed to do so.
Contributory fault can apply to any personal injury claim if it is found that you were negligent. This counts not only for vehicular accidents but also for traumatic incidents like dog bites.
Proving Contributory Fault
When you pursue personal injury compensation, the burden of proving the accident, the defendant’s negligence, and your injuries lie with you. If you can demonstrate this, the defendant can use contributory fault to counter your claims.
This means the defendant must convince the court and jury that another person would have acted with a higher level of care in a similar situation. The standard of contributory fault does not consider your awareness of hazards or knowledge of what to do in certain situations.
Instead, it is up to the court to decide whether you acted reasonably under the circumstances. If the defendant manages to prove you contributed to your injuries, you will likely not be able to recover any compensation.
How Will the Court Determine Negligence Percentages?
The jury or judge is tasked with reviewing evidence of negligence. This includes negligence on your part and the part of the defendant. Your lawyer’s comments may come into play at this point. You can also reference past findings if they are relevant to your case.
When the judge and jury have completed their review, they assign fault percentages to you and the defendant. You will then receive an award percentage based on the defendant’s fault.
Cases Where Contributory Fault May Apply
There are several different scenarios in which contributory fault may apply. For instance, you could sue for damages if you sustained injuries in a work accident. However, contributory fault applies if you do not wear the appropriate safety gear.
The same goes for animal bites. If a dog bites you, the dog’s owner will be liable for damages, especially if the dog is unleashed while outside. However, if you trespassed on the dog owner’s property, your actions would be considered contributory negligence.
Overcoming Contributory Fault
Under certain circumstances, you may overcome the contributory fault standard. For example, you may be partially at fault for an accident, but the defendant’s extreme negligence overshadows it.
If you are unsure how to initiate a case if you were partially to blame for an accident, you should consult a lawyer. A personal injury lawyer can help determine whether the defendant was grossly negligent.
They can also help you determine whether the ‘last clear chance’ doctrine applies in your case. For instance, the defendant is liable if they had a reasonable opportunity to identify a danger but failed to avoid an accident.
Your lawyer will assist you in presenting evidence proving these defenses. Moreover, your lawyer will give you an estimate of how much your compensation claim is worth. Hiring a lawyer also gives you a better chance of winning your case.
