Some Facts About Pure Comparative Negligence You Need to Know

Man caught in a car accidentAccidents happen. It is not always somebody’s fault. Sometimes, it is just a matter of being in the wrong place at the wrong time. However, if it is the driver’s fault when a car accident happens, that is another matter. If you or a family member suffers from an injury because of such an accident, you may be able to get something to help with your expenses.

An auto accident lawyer in Marysville, for instance, can help prove how much of the accident was the fault of the other driver. Feldman & Lee PS explains that Washington State uses pure curative negligence rules to decide how much compensation you can get.

Here are some facts about pure comparative negligence:

What is negligence?

Negligence is a legal term. You are negligent if you cause harm to others because of the way you act. For example, if you are texting while driving and it results in a car accident, that is negligence. If your actions are the direct cause of injury to another person, you are at fault and have to pay for damages. If you are the victim, the other person is negligent. It is not always easy to prove it. That is why you need an experienced auto accident lawyer to help you make a negligence claim.

What is comparative negligence?

An accident is not always the fault of just one person. The injured person in a negligence claim may also be partly at fault. Under strict comparative negligence rules, the injured person cannot get compensation in that case. This does not seem fair. This is the reason many states, including Washington State, use the pure comparative negligence rule.

What is pure comparative negligence?

In simple terms, you will get compensation for your injuries even if you are partly to blame for the accident. It does not matter how much at fault you are. As long as you sustain injuries and the other driver is at least 1% at fault, you will get compensation. However, the amount will be less depending on how much you are at fault. For example, if the court finds you 50% at fault, you only get half of the compensation.

A car accident is often avoidable. Negligent people have to pay for any damage they cause. An auto accident lawyer can help you get compensation if you sustain injury because of someone’s negligence.