The Different Types of Fault

With any auto insurance claim, fault is an integral element for both insurance and legal purposes. When the circumstances of an auto accident are unclear as to which driver was at fault, fault is assigned among the parties involved according to state law regarding contributory or comparative negligence. In the event that liability is shared evenly in an accident, the auto insurer then determines the percentages of fault for each person involved. One thing you can be sure of is that the more at-fault accidents you are in, the harder it will be to find affordable car insurance.

Understanding Contributory and Comparative Negligence

In order to understand the different types of auto accident fault, you must first understand the difference between contributory and comparative negligence. Pure contributory negligence refers to a system in which the injured party forfeits the right to recover any money for damages or injuries if he/she was assigned any fault at all for the accident. A handful of states still adhere to this system, including Washington, D.C., Maryland, Virginia, Alabama, and North Carolina.

However, in most states, some type of proportional comparative negligence system exists that enables the injured person to recover a limited amount of damages even if he/she was partly at fault for the accident. Currently in the U.S., three separate such systems are used: pure comparative fault, proportional comparative fault at 51 percent, and proportional comparative fault at 50 percent.

Pure Comparative Fault Explained

In states with a pure comparative fault system, if the injured person was partly at fault for his/her own injuries, the injured party’s damages are reduced by the proportion of his/her fault. For instance, say Carlos suffered injuries in an auto accident for which he was found 80 percent at fault. Damages for Carlos’ injuries total $10,000. With pure comparative fault, Carlos will be able to recover $10,000 minus 80 percent for his portion of fault, which amounts to damages of $2,000.

Understanding Proportional Comparative Fault at 51 Percent

States with a proportional comparative fault system prohibit the recovery of damages for injured parties found more than 51 percent at fault for the car accident. That is, an injured party cannot sue or file a liability claim against another driver’s negligence if he/she were found more than 51 percent at fault for the collision.

For instance, David hit Marilyn’s vehicle while traveling 25 mph over the speed limit as Marilyn was trying to cross the road. Although Marilyn was partly at fault for failing to wait to cross until the road was clear, the car insurance company assigned 60 percent of the fault to David because of the excessive speed at which he was traveling. While David suffered a broken leg from the collision, he cannot recover damages for the injury because he was responsible for more than 51 percent of the fault.

About Proportional Comparative Fault at 50 Percent

Under this system, any injured party who is less than 50 percent at fault for the auto accident may recover damages. Conversely, drivers found 50 percent or more at fault cannot recover damages for injuries. For example, Tony and Maria hit each other’s vehicles while pulling out of their parking spaces simultaneously. Both drivers were not looking closely enough as they backed up, so they are each assigned 50 percent of the fault for the accident. Neither Tony nor Maria may recover damages in this case because they were responsible for 50 percent fault or more in the incident.