How Does Comparative Negligence Work?

 Sometimes car accidents are not simply “one person’s fault.” When both drivers share some responsibility, the legal concept known as Comparative Negligence comes into play 

Comparative negligence is a legal system courts and insurance companies use to apportion responsibility when more than one party contributes to an accident. Instead of declaring a single person fully at fault, each party is assigned a percentage of blame. Legal Information Institute+2L&F Brown+2
Example:
Driver A runs a red light.
Driver B was speeding.
A court assigns Driver A 70% fault and Driver B 30% fault. Driver B’s award is reduced by 30 %.

In states that follow the pure comparative negligence rule, you can still recover damages even if you’re mostly at fault—your award is just reduced by your percentage of fault. FindLaw+1

Most states apply a modified comparative negligence system. Under this:

• You can recover damages only if your share of the fault is below a certain threshold (often 50 % or 51 %). Nolo+1
   
• If you exceed that threshold of fault, you may be barred from recovering altogether.
   

The fault percentage assigned to you directly impacts how much compensation you receive. Even a small shift in that percentage can mean a large difference in payout. Insurance companies and adjusters know this—they may try to inflate your share of fault to lower their liability.

• Gather all evidence possible: photographs, eyewitness accounts, police reports.
   
• Avoid admitting fault at the scene or in initial communications.
   
• Know which rule your state follows (pure vs. modified).
   
• Consider getting legal advice if your fault is being disputed.