Comparative vs. Contributory Negligence in Broomfield Car Accident Claims

If you are filing a personal injury lawsuit or seeking compensation, you may have heard the word negligence. In order to collect compensation for your injuries, your car crash lawyer must first establish who the negligent party is. This means—who is responsible for the accident and your injuries? Yet this is not always an easy task, and in some cases, both parties share responsibility for the accident and the injuries. When this occurs, who is to blame? And who pays? Understanding the answers to these questions means understanding the difference between contributory and comparative negligence in Broomfield car accident claims.

What is Contributory Negligence?

Contributory negligence means that both parties may have been at least partially responsible for the car accident in Broomfield and may bar anyone from claiming compensation. As an example, assume John is driving 50 in a 35mph zone. Jane, a bicyclist, pedals out from behind a car, crossing where there is no crosswalk. In this instance, both John and Jane are at least partially responsible for the resulting accident (when John’s car strikes Jane). Under contributory negligence, the injured party (Jane) would file a personal injury claim, suing John for her injuries.

John would then file a counter-claim, asserting contributory negligence against Jane, stating that her injuries were, at least somewhat, the result of her own negligent actions. If John can prove his claim of contributory negligence, Jane might either be completely barred from recovering any damages for her injuries or her damages could be significantly reduced.

How Do Comparative Negligence Laws Factor Into the Claim?

Under comparative negligence laws, each party’s negligence for any injury is carefully weighed when considering damages. Traditionally, courts view contributory negligence as a total bar to damage recovery. This means that when a person contributes, in any way, to his or her injuries, then no compensation is warranted. Unfortunately, contributory negligence is very harsh on Broomfield victims, sometimes resulting in unfair outcomes to car crash claims, which led to comparative negligence laws. A state may operate under pure comparative negligence laws or modified comparative negligence laws.

Under pure comparative negligence, the damages of a plaintiff are totaled, then reduced according to how responsible he or she was for the accident. If a plaintiff was awarded $100,000, and the jury decided he or she was 40 percent responsible for the accident, the plaintiff would receive $60,000. Under modified comparative negligence, if the plaintiff is found equally or more responsible for his or her injuries (50 percent or above), then there will be no compensation awarded. The state of Colorado operates under modified comparative negligence rules.

Understanding negligence and how it applies to your case can be confusing and complicated. That is why it is so important to have an experienced personal injury attorney on your side from the very start. Your attorney will be able to fight aggressively for your rights to maximum compensation.

Contact Our Experienced Broomfield Lawyers to Learn More About Comparative and Contributory Negligence in Car Crash Claims

Comparative vs. contributory negligence in Broomfield car accident claims can make the legal process more difficult to navigate. At Hull & Zimmerman, P.C., our committed car crash lawyers are dedicated to the belief that everyone deserves justice. If you or someone you love has been injured in an accident, contact us either online or by calling (866) 385-3505.

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