When someone’s careless driving or disregard for safety rules results in an accident, the law gives victims the right to seek compensation for their losses. But what if their actions also contributed to the crash in some way? Depending on the rules of the state, whether you could also be considered negligent can have a dramatic impact on an auto accident attorney’s ability to collect damages on your behalf. Below is a quick guide to the difference between comparative and contributory negligence.

The Contributory Negligence Principle

A few states still apply the contributory negligence standard, which acts as a total bar to compensation if the victim was in any way responsible for the incident. For instance, if a driver runs a stop sign and causes an accident, they may not be held liable if the victim exceeded the speed limit. In states that still employ the principle of contributory negligence, insurers often claim that the victim shared fault for the crash to minimize their financial risk.

The Principle of Comparative Negligence

Nebraska and most other states use a standard of comparative negligence, which allows injured parties to collect at least some compensation for their losses. Under this system, the amount of a victim’s award is reduced in proportion to their responsibility for the accident, which is determined by the judge or jury. If, for example, your injuries resulted in $20,000 in losses and you shared 10% of the fault, the final award would be $18,000. An accomplished auto accident attorney with the resources and expertise to firmly establish liability will be instrumental in achieving the full compensation you deserve.

As some of Nebraska’s preeminent auto accident attorneys, the professionals at Salerno & Associates have been fighting for the rights of victims for over 30 years, earning the respect of their clients and colleagues. They understand how important a fair settlement can be, which is why they provide everyone with the aggressive representation they deserve. Visit the website to learn more about their expertise, or call (402) 502-9002 for a free consultation with an auto accident attorney, and follow their Facebook for more legal insights.