Car Accidents And Contributory Negligence
Car accidents are often complex, involving multiple parties, varying circumstances, and conflicting accounts of what happened. In determining fault, one crucial legal concept that may arise is contributory negligence. As a personal injury lawyer can share, this principle can significantly impact the outcome of car accident cases, particularly in states that still adhere to it.
What Is Contributory Negligence?
Contributory negligence is a legal doctrine that prevents a person from recovering damages if they are found to have contributed in any way to the accident. Even if the other party is primarily at fault, the injured party’s ability to seek compensation is completely barred if they share any blame—no matter how small.
For example, if a pedestrian jaywalks and is hit by a speeding driver, the pedestrian may be considered partially at fault for not crossing at a designated crosswalk. In a contributory negligence jurisdiction, this could mean the pedestrian is unable to recover damages for their injuries, even though the driver was speeding.
How Does Contributory Negligence Differ From Comparative Negligence?
While contributory negligence is strict and unforgiving, many states have adopted comparative negligence as a more lenient approach. As our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law can explain, comparative negligence allows an injured party to recover damages, but the award is reduced by their percentage of fault. For instance, if the pedestrian in the example above is deemed 20% at fault, they could still recover 80% of the damages under comparative negligence rules.
Contributory negligence, however, offers no such flexibility. If a plaintiff is found even 1% at fault, they are typically barred from recovering any compensation.
The Impact On Car Accident Cases
In car accident cases, contributory negligence can be a powerful defense for insurance companies and defendants. It shifts the focus to the actions of the injured party, scrutinizing whether they failed to exercise reasonable care. Common examples of contributory negligence in car accidents include:
- Distracted Driving: If the injured driver was texting or otherwise distracted at the time of the collision.
- Failure To Signal: If the injured party did not use their turn signal before changing lanes or turning.
- Speeding: Even minor speeding can contribute to a determination of fault.
- Running A Red Light Or Stop Sign: If the injured party violated traffic laws.
When contributory negligence is raised, it can complicate negotiations for settlements and lead to prolonged litigation.
Overcoming Contributory Negligence Claims
If you’re involved in a car accident and contributory negligence is alleged, it’s critical to present evidence that refutes the claim. Strategies might include:
- Gathering Witness Testimony: Statements from impartial witnesses can support your version of events.
- Leveraging Video Evidence: Dashcams or surveillance footage can provide objective proof of what occurred.
- Expert Testimony: Accident reconstruction experts can analyze the scene and demonstrate how the collision unfolded.
Contributory negligence is a harsh rule that can prevent injured parties from recovering damages, even when their fault is minimal. Understanding how this doctrine applies and working with a skilled car accident lawyer can make all the difference in securing a fair outcome in your car accident case. By building a strong case and effectively countering contributory negligence claims, you can improve your chances of obtaining the compensation you deserve. Contact a lawyer near you today for help.
