Many accidents occur due to various factors. For example, in a car accident, one driver may have been texting while another driver was speeding. If a victim contributed to the accident, this can impact how much money they can recover from the accident – or whether they can file a claim at all. Here is how contributory fault can impact a personal injury claim.
Comparative Fault Systems
A plaintiff’s contribution to the accident and injuries is generally broken down into the following doctrines:
Contributory Negligence
Most states initially followed the common law rule of contributory negligence, which bars a plaintiff’s financial recovery if they contributed to the accident to any degree. Therefore, if a person was only 1% at fault for an accident, they wouldn’t be able to recover any compensation. Due to the harsh effect of this rule, most states have abolished these rules in favor of more forgiving systems.
Pure Comparative Negligence
Pure comparative negligence is the opposite of contributory negligence. As long as anyone else shared fault for an accident besides the injury victim, the plaintiff can file a claim against them. Therefore, even if the plaintiff was 99% at fault for the accident, they could still pursue a claim against the defendant for the remaining 1% of damages. However, their compensation is reduced by their degree of fault. So, if they suffered $100,000 in damages in this example, they could only recover $1,000.
Modified Comparative Fault
Modified comparative fault is a middle ground between contributory negligence and pure comparative negligence. Under this system, a person who contributed to their injuries can file a personal injury claim as long as their degree of fault does not exceed a certain threshold, usually 50 or 51%. If a plaintiff contributed to their injuries, their damages are reduced by a degree of fault.
Suppose a motorcyclist is speeding when another driver fails to notice them or accurately estimate their distance when they turn in front of them. The motorcyclist suffers $100,000 in damages and files a personal injury claim against the other driver. A jury finds that the parties are each 50% at fault.
In a state with a 50% bar, the motorcyclist would be barred from recovering compensation. In a state with a 51% bar, the motorcyclist could recover 50% of their damages.
Which System Does Louisiana Use?
Louisiana uses a pure comparative negligence system. Here, each party is liable for the proportion of harm they are responsible for. Injury victims can pursue compensation against negligent parties that contributed to the accident in proportion to their degree of fault. The victim’s portion of fault is subtracted from the financial recovery. So, if the plaintiff is 90% at fault for the accident, their damages are reduced by 90%, but they are not prohibited from recovering any compensation.
How Can Comparative Fault Affect Your Personal Injury Claim?
As discussed above, comparative fault can work to reduce the value of your claim. Insurance companies know these rules and try to exploit them to minimize the value of their claim. Insurance companies are for-profit companies that will do everything possible to protect their profit margin.
Even though comparative fault principles apply to the reduction of compensation in court cases, insurance companies use them to justify offering less money to settle personal injury claims.
Because insurance companies will try to shift as much blame to the victim as possible, it’s crucial that injury victims do not make this easier for them. Accident victims should avoid talking directly to insurance companies or providing a recorded statement as the insurance company will try to get the victim to say something “on the record” that could harm their claim and allow the insurance company to assign a greater degree of fault to the victim.
An experienced car accident lawyer can protect your rights throughout the claims process.
Contact Us Today for Your Free Case Review to Discuss Contributory Fault
If you were hurt in an accident where the insurance company is blaming you for the accident or drastically trying to undercut your financial recovery, you need an experienced attorney on your side who can advocate for you. Mansfield Melancon Car Accident and Personal Injury Lawyers are experienced at handling claims involving contributory fault. We can gather evidence to prove the full extent of the defendant’s fault and fight to recover fair compensation for you. Call us today at (225) 263-4787 for a free consultation.
