Manassas, VA Personal Injury Lawyer Explains Comparative Negligence

Determining who is “at fault” for a car accident can be difficult. In a car accident lawsuit, the plaintiff must prove that the defendant was negligent. But the defendant can fight this negligence by claiming that the negligence was only “comparative” on his or her part, and that the plaintiff was also negligent, which contributed to the accident. If you or a loved one has been in a car accident, it is crucial that you contact Virginia car accident attorney Michael Driscoll as soon as possible. He will begin working with you to establish negligence or fight against that claim.

Comparative negligence is used in situations in which both parties have contributed to the accident, in other words, where both parties may have been negligent.

Comparative Negligence

The comparative negligence system allocates fault between the parties. Under the comparative negligence system, a defendant can raise a partial defense, saying that the plaintiff was also partially at fault for the accident. The two main types of comparative negligence are:

• Pure comparative negligence. In pure comparative negligence claims, accident victims can recover some compensation for their injuries even if they were negligent in their own driving, and even if their degree of fault is higher than the defendant’s degree of fault.
• Modified comparative negligence. In modified comparative negligence claims, an accident victim’s recovery is limited if the victim’s fault exceeds a certain degree. For example, in some states an accident victim can only recover damages if his or her fault is less than that of the defendant — that is, the accident victim must be less than 50% responsible for the accident in order to recover. This is called the “equal to or greater than” rule.

Attorney Driscoll has experience defending clients and establishing liability for cases involving both pure comparative negligence and modified comparative negligence. Since this is a complex area of law, you need an attorney who is well-versed in Virginia’s laws concerning comparative negligence. Attorney Driscoll has that knowledge, and can help you.

Contact Attorney Michael Driscoll Today

If you have been in a car accident or someone in your family has been injured, there are steps you must take in order to protect yourself, your family and your finances. Northern Virginia Personal Injury Lawyer Michael Driscoll has been fighting for Virginia residents rights for years. Let him help you pursue the compensation you deserve, or fight against a claim of negligence. Call him today at his office in Fairfax, VA at (703) 659-4423.