a rule of law applied in accident cases to determine responsibility and damages
based on the negligence of every party directly involved in the accident. For a
simple example, Eddie Leadfoot, the driver of one automobile, is speeding and Rudy
Airhead, the driver of an oncoming car, has failed to signal and starts to turn
left, incorrectly judging Leadfoot's speed. A crash ensues in which Airhead is hurt.
Airhead's damage recovery will be reduced by the percentage his failure to judge
Leadfoot's speed contributed to or caused the accident. Most cases are not as simple,
and the formulas to figure out, attribute and compare negligence often make assessment
of damages problematic, difficult, and possibly totally subjective. Not all states
use comparative negligence (California is a fairly recent convert), and some states
still use contributory negligence which denies recovery to any party whose negligence
has added to the cause of the accident in any way. Contributory negligence is often
so unfair that juries tend to ignore it.
See also contributory negligence damages negligence
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