- 10-Jan-2025
- Family Law Guides
When both parties are found to be negligent in a lawsuit, the legal system typically evaluates how much responsibility each party bears for the harm or injury that occurred. Depending on the jurisdiction and the legal principles applied, the case can be handled in one of several ways, most commonly under the doctrines of comparative negligence or contributory negligence.
In jurisdictions that follow comparative negligence rules, each party’s share of the fault is determined, and damages are divided accordingly. Comparative negligence allows for a more equitable distribution of responsibility for the accident and injury, even if both parties were partially at fault.
There are two main types of comparative negligence systems:
Under this system, each party’s liability is calculated as a percentage of fault. The plaintiff can still recover damages, even if they are more than 50% at fault, but the amount of damages is reduced by their percentage of fault.
Example: If Party A is 70% at fault for a car accident, and Party B is 30% at fault, Party A may still recover 30% of the total damages, while Party B will only be able to recover 70% of the damages from Party A.
In a modified comparative negligence system, a plaintiff can only recover damages if their fault is less than a certain percentage—typically 50% or 51%. If the plaintiff is found to be equally or more at fault than the defendant (i.e., 50% or more at fault), they may be barred from recovering damages altogether.
Example: If Party A is found 51% at fault for an accident, they cannot recover damages from Party B under the modified comparative negligence rule, because their fault exceeds the threshold.
In jurisdictions that apply contributory negligence laws, if a plaintiff is found to have contributed in any way to the accident or injury, they are typically barred from recovering any damages. This means that even if the plaintiff is only 1% at fault, they cannot recover compensation if the defendant is also negligent.
Example: If Party A is involved in an accident where both they and Party B are negligent, but Party A is found to be 1% at fault (and Party B 99% at fault), under contributory negligence rules, Party A may be completely barred from receiving any damages, regardless of Party B’s greater responsibility for the accident.
When both parties are found negligent, the court will typically assign a percentage of fault to each party. The amount of damages each party can recover will depend on their level of responsibility. If comparative negligence applies, the party with less fault will recover a greater share of the damages.
Example: In a car accident where Driver A is 60% at fault for running a red light, and Driver B is 40% at fault for speeding, Driver A will recover 40% of the damages from Driver B, and Driver B will recover 60% of the damages from Driver A.
The main impact of shared negligence is on damages. If both parties are found negligent, the amount of compensatory damages (such as medical bills, lost wages, and pain and suffering) awarded to the plaintiff will be reduced in proportion to their percentage of fault.
Example: If a jury awards $100,000 in damages to a plaintiff who was found to be 30% at fault, they will only be able to recover $70,000 of the original award. The 30% reduction corresponds to the plaintiff's share of responsibility for the accident.
Scenario: Two drivers are involved in a car accident at an intersection. Driver A runs a red light (80% at fault), while Driver B was speeding (20% at fault). In a pure comparative negligence state, if Driver A sues Driver B for damages, Driver A would be entitled to 80% of the damages, and Driver B would be entitled to 20%. In a modified comparative negligence state, Driver A could still recover damages as long as they are not more than 50% at fault. If Driver A were 51% at fault, they would recover nothing.
Scenario: An employee is injured in a workplace accident where both the employee and employer are negligent. The employee was not wearing proper safety gear (10% at fault), and the employer did not maintain a safe working environment (90% at fault). In a contributory negligence state, because the employee is partially at fault, they may be barred from recovering any damages, even though the employer was primarily responsible for the accident.
When both parties are found negligent in a lawsuit, the outcome typically depends on the legal doctrine applied in the jurisdiction. Under comparative negligence, the damages will be divided based on each party’s percentage of fault, while under contributory negligence, the plaintiff may be barred from recovery altogether if they are found to be even slightly at fault. Understanding these principles is crucial in determining how liability and compensation will be handled in cases involving shared fault.
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