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What is the meaning of the term “pure comparative negligence?”

On Behalf of | Aug 31, 2021 | Personal Injury

Residents of Fort Meyers and other areas of Florida might want to know more about the meaning of the term “pure comparative negligence” as it relates to car accidents and insurance. Five states and the District of Columbia use the term “contributory negligence” while the rest of the country uses “comparative negligence.” They both refer to the share of blame assigned in an accident.

The meaning of pure comparative negligence

This term means that all of the parties involved in the accident can collect damages regardless of who is at fault. The damages will subtract their portion of the fault.

Many people can be responsible for a single accident

Each person should bear responsibility for the personal injury or damage resulting from the car accident. Whether you are 2% or 92% responsible, you can sue the other parties for damages in a pure comparative negligence state. You can collect part of the damages after the percentage of your fault is deducted.

For example, if you are 99% at fault for the accident, you can only collect 1% of the total damages from the accident. Your percentage will be a deduction.

What states use pure comparative negligence?

This is not the rule in all states. The states where this policy is in force include the following:

• Alaska
• Arizona
• California
• Florida
• Kentucky
• Louisiana
• Mississippi
• Missouri
• New Mexico
• New York
• Rhode Island
• Washington

Other states may have the modified comparative negligence rule. In these states, if you have 50% or more fault for an accident, you cannot collect compensation for your own harm.

When it comes to personal injury cases, the pure comparative negligence rule allows for the collection of some damages by those in Florida. Regardless of who is at fault, all parties may be able to seek compensation for their injuries and property damage.