Difference in contributory negligence and comparative negligence

Contributory negligence is used in 5 different states, including Alabama (Maryland, DC, Virginia, and North Carolina also use contributory negligence).

Contributory negligence essentially says that even if the other side is 99% at fault, your 1% contribution to the accident means you lose your case.

Now, there are some ways around this, but it's a real claim that can be made.

Comparative negligence is comparing the negligence of each party in a case.

In most states, the jury would award damages based on the plaintiff's negligence in the case.

This gets tricky depending on the state, because some states say that if you're over 50% at fault you won't receive any damages.

If you're in a personal injury case, be sure to find out what your state laws are.

Thanks for watching!

John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447

"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

[LinksterGaming]

How could one realistically get things in order to change this law. I had a pretty nasty fall in NC and I'm pretty sure I'm not in any way at fault. Then again it's scary to believe if it's say 1% my fault then I get nothing.

Whether I win or lose this case I would still like to look into it. I don't believe it's fair that someone couldn't get any help for a life changing incident just because they are 1% at fault.

I don't know what the the percentage should be, but I 100% believe that there should be some leeway to help protect people's livelihoods.

[glennellis]

Another spot on video ~ Thanks John ! ~ contributory negligence states are very hard.
However, someone from one of the states, having an accident in another state, that has comparative negligence standard, will have to have their insurance minimums, raised by the carrier, if the comparative
states limits are higher than the contributory (home) states.