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What is Comparative Fault in a
Motorcycle Accident Case?
When dealing with motorcycle accident cases, a system called "Comparative
Fault" is used to determine who is at fault and how much at fault. Each state is
different on how they determine the fault of the plantiff and the fault of the
defendant.
There are three basic types of comparative fault:
1) Pure Contributory Negligence
2) Pure Comparative Fault
3) Modified Comparative Fault (2 types: 50% rule and 51% rule)
PURE CONTRIBUTORY NEGLIGENCE RULE
5 states recognize the Pure Contributory Negligence rule, which says that a
damaged party cannot recover any damages if it is even 1% at fault.
For states that use Pure Contributory Negligence, if the jury finds John was the
least bit negligent and contributed to the motorcycle accident, then John
would recover nothing. Even if John is only 5% at fault and the other motorist
is 95% at fault, John recovers $0.
Those states include: Alabama, District of Columbia, Maryland, North Carolina,
Virginia
PURE COMPARATIVE FAULT RULE
13 states recognize the Pure Comparative Fault rule, which allows a damaged
party to recover even if it is 99% at fault, although the recovery is reduced by
the damaged party's degree of fault.
In states that use Pure Comparative Fault, for example, if a jury finds that
John is 5% at fault and the other motorist is 95% at fault, John would still be
able to recover, but his $10,000 in damages would be reduced by his 5% of fault,
so John would recover only $9,500.
Those states include: Alaska, Arizona, California, Florida, Kentucky, Louisiana,
Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota,
Washington.
MODIFIED COMPARATIVE FAULT RULE
50% Fault Rule
There are two types of Modified Comparative Fault rule. There is the "50% at
fault" rule and the "51% at fault" rule. For those states that draw the line at
51%, they are following the principle that a plaintiff who is MORE negligent
than a defendant should not be able to recover anything.
11 states follow the 50% fault rule, meaning a damaged party cannot recover if
it is 50% or more at fault. But if it is 49% or less at fault, it can recover,
although its recovery is reduced by its degree of fault.
Here's an example of how the 50% fault rule plays out in court in a motorcycle accident case: If John is found to be 50% at fault, and the other
motorist is 50% at fault, some comparative negligence states would still allow
John to recover $5,000 (50% of his damages), while other states would not allow
him to recover any money because he is equally at fault with the other driver.
States that use the modified comparative "50% at fault rule" include: Arkansas,
Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee,
Utah, West Virginia.
51% Fault Rule
22 states follow the 51% rule, under which a damaged party cannot recover if it
is 51% or more at fault, but can recover if it is 50% or less at fault, the
recovery would be reduced by its degree of fault.
Here's an example of how the 51% at fault plays out in court in a motorcycle accident case: In Wisconsin, John would recover $5,000 if he
is 50% negligent, but if he is 51% negligent, he would recover nothing.
States that use the modified comparative "51% at fault rule" include:
Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan,
Minnesota, Montana, Nevada, New Hampshire, New Jersey, Oklahoma, Ohio, Oregon,
Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, Wyoming.
SPECIAL NOTES
Each state has some differences and modifications to how it establishes
fault
and liability, as it relates to Comparative Fault rules in motorcycle
accident cases. The above information in this article should only be
used as a guide. You should consult your motorcycle accident attorney for
specific information related to your state and how it will affect your
motorcycle accident case.
If you have any questions regarding contributory negligence or comparative fault
systems, please
click here to find an expert motorcycle accident lawyer in your city.
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