What Is Pure Comparative Negligence?

You’re involved in an accident with another person, and they hold fault, it’s crucial that you understand negligence. Doing so can help you better understand your claim and any compensation you receive.

• What negligence is
• What comparative negligence is
• What pure comparative negligence is
• The main difference between comparative and contributory negligence
• How comparative negligence may impact your personal injury claim

Let’s start with negligence.

What Is Negligence?

The Legal Information Institute’s website defines negligence as “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.”

There are several “building blocks” that are used to determine who is negligent:

• A legal duty exists. For example, all drivers must drive the speed limit and obey road signs.
• A legal duty is breached. For example, a driver is speeding.
• Actual injuries. Actual injuries may be a physical or mental injury and property damage. If there is no actual injury, it is likely that your claim will not succeed.
• The “but-for” test is applied. For example, but-for speeding, the driver could have stopped at a red light, thus limiting or preventing the actual injuries.

Negligence can be:

• Comparative negligence
• Pure comparative negligence
• Contributory negligence

What Is Comparative Negligence?

Many states rely on comparative negligence. This means that the actions of each party involved in the accident are weighed out. In many comparative negligence states, a person has the potential to make a claim even if they hold the majority of the fault.

Some comparative negligence states allow you to carry more than half of the blame and still receive compensation. To better understand comparative negligence, research your state’s statute or schedule a consultation with an experienced motorcycle accident lawyer.

What Is Pure Comparative Negligence?

In pure comparative negligence, you may hold up to 99% of the fault and still recover compensation. Pure comparative negligence states are:

• Arizona
• Alaska
• California
• Florida
• Louisiana
• Missouri
• Mississippi
• New York
• New Mexico
• Louisiana

Some states, such as Arkansas, only allow someone to carry half or less of the fault may be financially compensated.

The Difference Between Comparative & Contributory Negligence

Another type of negligence is contributory negligence. While it is similar to comparative negligence, it’s not the same. In contributory negligence, a person may not hold any fault if they want and need compensation for the accident.

How Comparative Negligence May Impact Your Claim

Comparative negligence affects how much compensation you may receive after the personal injury occurred. For example, let’s say your claim is $50,000. Let’s say you hold 10% of the liability and the other party holds 90% of the liability. So, you’d recover up to 90% of the $50,000.

If you hold 99% of the liability, you may still recover that one percent for compensation.