In a suit involving a person hit by an automobile while jaywalking, the contributory negligence, simple negligence and comparative fault doctrines are a factor. Everyone has a responsibility to take reasonable action to avoid injury to others. If a person fails in this regard and causes damage to another person or their property, negligence has occurred, and that person has to compensate the victim. The offices of Luhrsen Goldberg LLC can help you bring a personal injury suit, even if you share the blame for the accident.
However, some defenses exist. For instance, if the plaintiff wasn’t acting reasonably and therefore contributed to the accident, Personal Injury Attorneys in Bradenton FL can use this to eliminate or reduce liability. The theory behind the defense is that no one should have to pay for another person’s injuries when the accident was the fault of the victim. There are two different approaches: comparative fault and contributory negligence.
Contributory Negligence
Under this theory, if the defendant can prove that the plaintiff was culpable for their injuries, they have no liability, no matter how much of the fault is apportioned to them. For example: a person is jaywalking (considered careless behavior) and is hit by a driver who was speeding and talking on the phone. Most would agree that the driver should get most of the blame, but under the contributory negligence theory, the pedestrian would have no grounds for recovery.
Comparative Fault
Under the comparative fault theory, the jury is instructed to consider the degree of fault. In the example given above, suppose the jury finds the driver 80% at fault, and the jaywalking pedestrian shares 20% of the blame. The victim would therefore be able to recover 80% of his or her damages (pain/suffering, medical expenses and ongoing treatment). In comparative fault cases, it is the jury’s job to decide which party is assessed the most fault, and to modify awards accordingly. If a pedestrian jaywalks, it is highly unlikely that a jury would find them blameless. The percentage of fault borne by either side depends on the individual case and its circumstances.
In many personal injury cases, assessing blame is difficult, because both parties are partially at fault. Using the comparative fault and contributory negligence theories, Personal Injury Attorneys in Bradenton, FL can help their clients avoid a costly settlement, or they can help a partially at-fault victim make at least a partial recovery.
