What is Liability and Comparative Negligence

What is Liability and Comparative Negligence

A question we deal with regularly is what is liability and comparative negligence? Now liability is the term that we use to find out who might in some way be at fault of an accident. So liability can affect multiple parties involved in an accident. It's not always straightforward as one party is 100% at fault and the other party wasn't. And that's where the term comparative negligence comes into play. Comparative negligence is an assigning or assignment percentage of who is more or less at fault. So while one party might be 60 or 70% at fault, the other party might be 40 or 30% at fault. And the reason that matters is when you're trying to calculate or come to a determination on the value of a personal injury case, that can affect the financial outcome very clearly because both parties involved might have to say, "Well there's a reduced value to the case because I was partially or contributorily at fault in the case in some capacity." So while liability can affect all parties would be assigned to everybody in the case, the comparative negligence aspect assigns exactly who is more or less at fault given a certain circumstance.

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