What You Need to Know About Partial Comparative Negligence
Partial comparative negligence is important to understand after an accident to collect damages and determine liability. Here’s what you need to know about partial comparative negligence.
Partial comparative negligence, also known as modified comparative negligence, combines the ideas of contributory and comparative negligence by setting a bar of liability under which an individual may receive damage payments. If an individual is over the bar of responsibility, they will not be able to collect compensation.
What is Partial Comparative Negligence?
Partial comparative negligence states that if a plaintiff’s blame for an accident is lower than a certain percentage, they can collect damages that the defendant caused or is responsible for. If the plaintiff’s blame for the accident is higher than that percentage, they will be unable to collect any damages. The threshold to collect damages is typically 50% or 51% depending on the state.
For example, Person A and Person B get into a car accident in Georgia, which uses a 50% threshold of responsibility for damage collection eligibility. Person A takes Person B to court to collect damages. The judge or jury finds that Person B is 51% responsible for the accident, while Person A is only 49% responsible.
Although Person A is almost equally responsible for the accident as Person B, they are still able to collect damages for the percentage that Person B was responsible for because they are under the 50% threshold.
On the other hand, if the court found that Person A was 51% responsible while Person B was 49% responsible, Person A would be unable to collect any damages because they crossed the 50% threshold.
50% Bar Rule
States that use partial comparative negligence in their courts usually follow a 50% or 51% threshold. States that use the 50% threshold follow that if a plaintiff is more than 50% at fault for an accident, they cannot collect any damages. If they are less than 50% at fault, they are able to collect damages with the percentage they are responsible for subtracted from the amount they receive. If both parties are equally at fault, neither may collect damages for the accident.
An example of the 50% bar rule in action is as follows: Person A and Person B get into an accident. The court finds that Person A is 49% responsible, while Person B is 51% responsible. Following the 50% bar rule, Person A would be able to collect damages but Person B would not. If Person A was originally granted $1,000 in damages, the amount they receive would be reduced to $510 to account for the percentage that they were responsible for.
The following are states that use the 50% bar rule:
- Arkansas
- Colorado
- Georgia
- Idaho
- Kansas
- Maine
- Nebraska
- North Dakota
- Oklahoma
- Tennessee
- Utah
- West Virginia
51% Bar Rule
States that use the 51% threshold follow that if a plaintiff is more than 51% at fault for an accident, they cannot collect any damages. If they are less than 51% at fault, they are able to collect damages with the percentage they are responsible for subtracted from the amount they receive.
An example of the 50% bar rule in action is as follows: Person A and Person B get into an accident. The court finds that Person A is 48% responsible, while Person B is 52% responsible. Following the 51% bar rule, Person A would be able to collect damages but Person B would not. If Person A was originally granted $1,000 in damages, the amount they receive would be reduced to $520 to account for the percentage that they were responsible for.
The following are states that use the 51% bar rule:
- Connecticut
- Delaware
- Hawaii
- Illinois
- Indiana
- Iowa
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nevada
- New Hampshire
- New Jersey
- Ohio
- Oregon
- Pennsylvania
- South Carolina
- Texas
- Vermont
- Wisconsin
- Wyoming
Related: What is Comparative Negligence?
FAQs About Partial Comparative Negligence
What if, in a state that uses the 50% bar rule, both parties are found equally responsible?
If both parties are found to be equally responsible for an accident in a state that uses the 50% bar rule, neither party would be able to collect damages. This is because they both cross the 50% threshold.
How do you prove that someone is more or less than 50% or 51% responsible?
Proving liability and responsibility for an accident is typically performed on a case-by-case basis, and someone involved in an accident may consult with an attorney to determine the best proof or argument for their specific case.
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