Contributory negligence is a tort rule that prevents plaintiffs from collecting compensation from defendants if they contributed to the injury in any way.
The U.S. is home to about a dozen pure comparative negligence states and more than 30 modified comparative negligence states. Only four states — Alabama, Maryland, North Carolina, and Virginia — are contributory negligence states. Washington, D.C. has contributory negligence laws on the books as well.
If you were involved in a car accident in one of these places and you’re thinking about filing a personal injury lawsuit against the defendant in your case, make sure you know what contributory negligence is first. It can play a key role in which car accident lawyer you decide to hire and the potential success or failure of your case.
Discover what contributory negligence is and what impact it can have on a car accident case below.
What Is Contributory Negligence?
Every year, more than 5 million car accidents occur throughout the country. In the aftermath of these crashes, police officers, lawyers, and insurance adjusters all work to determine who was to blame for them.
Their investigations help those involved in accidents figure out if they have the lawsuit grounds to take legal action against the responsible parties. If a plaintiff isn’t to blame for an accident at all or if they’re only partially to blame for one, they’ll typically move forward with filing a lawsuit against the defendant in their case.
Contributory negligence is a legal concept that will apply to accident lawsuits filed in states with contributory negligence laws. It refers to the negligence of a plaintiff in an accident case. It can stop them from securing damages at the end of a case if they played any role in the accident, even if they were only 1% to blame for a crash.
A defendant must prove contributory negligence in court to take advantage of it. It provides them with a defense they wouldn’t have if they were fighting the same legal battle in a comparative fault state.
Contact our team today so we can fight to help you get the compensation you deserve.
What Is an Example of Contributory Negligence?
To provide you with a better understanding of contributory negligence, let’s go over an example that illustrates how it works. This should deliver additional insight into how contributory negligence could factor into an accident case you’re considering filing soon.
For the sake of this exercise, let’s say you were recently involved in a crash with another driver and sustained bad head injuries. You have the right to file a lawsuit against this driver if you believe they were at fault for your accident. If your case is successful, you can collect compensation at the end and use it to pay medical bills and cover any other costs associated with a crash.
During your case, though, a lawyer for the defendant might suggest you weren’t wearing a seatbelt at the time of your crash, and they may argue that this contributed to your head injuries being as serious as they are. They might also argue you were knowingly riding around with old brake pads that your mechanic told you to replace six months ago, which might have also contributed to your crash.
By bringing these contributing factors to light, a defense lawyer can attempt to hold you partially negligent for the outcome of your accident. Under the contributory negligence laws in certain states, it could make it impossible to collect the compensation you’ve requested.
Contributory Negligence vs. Comparative Negligence: What’s the Difference?
A small handful of states still rely on contributory negligence laws, but many states have made the shift to comparative negligence laws. There is a big difference between the two that you should be aware of in case you’re ever involved in a car accident or another type of accident.
Unlike contributory negligence laws, comparative negligence laws don’t seek to strip a plaintiff of the opportunity to sue a defendant for damages after an accident by putting some of the blame for an accident on them. Instead, comparative negligence laws aim to determine what percentage of blame a plaintiff should shoulder versus how much blame a defendant should take on after an accident.
For example, an investigation into an accident might reveal that a defendant was 80% to blame while a plaintiff was only 20% to blame. The plaintiff in this case can, therefore, collect compensation from a defendant based on the percentage of blame given to them. If a plaintiff was 20% to blame, they can collect 80% of the value of their case.
In this instance, contributory negligence will refer to this percentage and showcase how much a plaintiff contributed to the accident.
Free Consultation 24/7, call 888-340-7454
Is It Worth Filing a Claim in a Case Involving Contributory Negligence?
If you live in a state with contributory negligence laws, you might not think filing a lawsuit following an accident is worth it. But before you discount the idea, touch base with a personal injury lawyer to discuss your case.
An experienced personal injury attorney can help you decide if taking legal action is worth it based on the circumstances surrounding your case. They can review the details of your accident and attempt to thwart any negligence claims against you. Creating a counterargument for any claims the defendant may make to show that you were partially negligent in the accident can convince the judge or jury that you are rightfully claiming 100% of the damages.
If your attorney believes you may be partially at fault for the accident and therefore would not qualify for compensation through a lawsuit, they can help you explore other means of collecting compensation, such as an insurance claim or a settlement.
Call 888-340-7454
Need Help Navigating Contributory Negligence? Call the Accident Hotline
Accident Hotline is an excellent resource for those interested in connecting with personal injury lawyers following accidents. We can help connect you with reputable attorneys in your state who can explain concepts like contributory negligence, wrongful death, and more.
Contact us at (888) 340-7454 today to speak with an agent from our dedicated team.
For a free consultation, call 888-340-7454