Negligence is a fundamental concept in personal injury law that refers to a failure to exercise the level of care that a reasonably prudent person would under similar circumstances. When someone’s negligence leads to another person’s injury, the negligent party can be held legally responsible for the resulting damages.

Understanding the different types of negligence can help clarify your legal options.

  • Comparative Negligence: When multiple parties share fault, and compensation is adjusted accordingly.
  • Contributory Negligence: If you’re found to be even slightly at fault, you may be barred from recovering damages.

Navigating the intricacies of contributory and comparative negligence requires experienced legal guidance. Our dedicated personal injury attorneys at Craig Swapp & Associates understand the laws specific to each state we serve and are committed to advocating for your best interests.

What Is Contributory Negligence?

Contributory negligence is one of the strictest standards applied in personal injury law, dictating that an injured party may be denied compensation if they are found to be even slightly at fault for an accident. 

  • Zero Fault Requirement: In states that adhere to pure contributory negligence, you must demonstrate that you were entirely free of fault to recover any damages. Unlike comparative negligence, which allows for partial recovery based on proportional fault, contributory negligence enforces a zero-fault standard. Even if the other party was predominantly responsible, your compensation could be barred if you were found to be even 1% at fault.
  • Harsh Outcome for Minimal Fault: The outcome of contributory negligence can be especially severe. In situations where victims might have a minimal, almost negligible role in an incident, they could still face a complete denial of compensation. For example, if a pedestrian is struck by a driver but was found to have stepped slightly outside a crosswalk, that small misstep could be used as evidence of partial fault, ultimately barring them from any recovery.

Due to its strictness, only a limited number of states continue to implement pure contributory negligence. These include states such as Maryland, North Carolina, Alabama, and Virginia. Most other states have moved toward modified or pure comparative negligence systems, which allow for recovery based on the proportion of fault.

What Is Comparative Negligence?

Comparative negligence is a legal doctrine vital in tort law that addresses the allocation of fault and damages when multiple parties contribute to an accident. Under this principle, each party’s degree of responsibility affects their financial recovery following an incident.

  • Pure Comparative Negligence: In jurisdictions that adhere to pure comparative negligence rules, you are eligible to claim damages corresponding to the fault of the other involved parties, regardless of your own level of culpability. This means that even if you were found to be 99% responsible for an accident, you could still potentially recover 1% of your damages from other parties. 
  • Modified Comparative Negligence (50% Bar Rule): Many states implement a modified version of comparative negligence, which includes a 50% bar rule. Under this system, you can recover damages only if you are found to be less than 50% at fault for the incident. If you are equally to blame (i.e., 50% or more), you are barred from receiving any compensation from other at-fault parties. 
  • Modified Comparative Negligence (51% Bar Rule): Similar to the 50% bar rule, this variant allows you to recover damages if your level of fault does not exceed 50%. Essentially, you must be less at fault than any other party involved in the accident to claim damages. 

If you find yourself involved in a complex accident scenario, it’s advisable to consult with a skilled attorney who can help navigate the nuances of these legal standards and advocate for your rights to fair compensation. 

How These Doctrines Affect Your Claim

The doctrine of negligence your state follows can significantly affect your personal injury claim’s success and potential compensation. Understanding how fault is assigned – whether through comparative negligence or contributory negligence – provides insight into what you may recover in damages, even if you bear some responsibility for the incident. 

Here’s what the states we serve follows:

  • Idaho: Idaho follows modified comparative negligence, implementing a 50% bar rule. If you are found to be 50% or more at fault, you cannot recover damages. 
  • Utah: Utah also adheres to a modified comparative negligence system with a 50% bar rule, similar to Idaho. 
  • Washington: Washington applies pure comparative negligence, meaning you can recover damages regardless of your degree of fault, although your compensation is reduced by your fault percentage. 
  • Wyoming: Wyoming follows modified comparative negligence with a 51% bar rule. If your fault reaches 51% or higher, you cannot receive compensation. 
  • Montana: Montana uses modified comparative negligence, applying a 51% bar rule. Like Wyoming, claimants who are 51% or more at fault are barred from recovering damages. 
  • Oregon: Oregon employs modified comparative negligence with a 51% bar rule, allowing recovery for those less than 51% at fault.
  • Colorado: Colorado follows modified comparative negligence with a 50% bar rule. If you are less than 50% responsible, you may seek damages, though they are reduced according to your fault level.
  • Arizona: Arizona adopts pure comparative negligence, allowing claimants to seek damages even if they are largely at fault. 

Whether your state follows pure comparative, modified comparative, or another rule, knowing these details is crucial in protecting your rights. 

Legal Assistance Determining Negligence in Your Case

If you’ve been injured due to someone else’s negligence, you don’t have to navigate the legal complexities alone. Our team of personal injury attorneys is here to help you understand your rights and fight for the compensation you deserve. Call us today to schedule your free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp