Comparative Negligence in Accident Claims: What It Means for You

By: Bert Brock Law, LLC


Understanding the concept of comparative negligence is crucial in accident claims, as it can significantly impact the outcome of your case. At Bert Brock Law, LLC, we believe in empowering our clients with knowledge about key legal principles. This post will explain comparative negligence and its effect on accident claims.

What is Comparative Negligence?

Comparative negligence is a legal principle used to assign fault in an accident. It recognizes that more than one party can be responsible for an accident and apportions damages accordingly.

How Comparative Negligence Works

Under comparative negligence, each party involved in an accident is assigned a percentage of fault. Your compensation is then reduced by your percentage of fault. For example, if you are found to be 30% at fault in an accident, your compensation will be reduced by 30%.

Types of Comparative Negligence

Pure Comparative Negligence: You can recover damages even if you are 99% at fault, but your recovery will be reduced by your degree of fault.

Modified Comparative Negligence: You can only recover damages if your level of fault is below a certain threshold, typically 50% or 51%.

Importance of Evidence

In a system where fault is divided, presenting strong evidence is crucial. Evidence can include accident reports, witness statements, and expert testimony.

Impact on Your Claim

Understanding comparative negligence is vital in negotiating with insurance companies and in court. It can be the difference between a significant compensation package and a reduced one, or even no compensation at all.

How to Protect Your Rights

Do Not Admit Fault: Avoid making any statements that could be construed as an admission of fault.

Gather Evidence: Document everything related to the accident to support your version of events.

Consult an Attorney: An experienced personal injury lawyer can help you navigate the complexities of comparative negligence.

The Role of Bert Brock Law, LLC

At Bert Brock Law, LLC, our team is skilled in handling cases involving comparative negligence by:

Evaluating the details of your case.

Building a strong evidence-based defense.

Negotiating with insurance companies to ensure a fair assessment of fault.


Comparative negligence can greatly affect the outcome of your accident claim. Understanding this principle and having the right legal representation is key to ensuring a fair resolution. If you’re involved in an accident and facing a comparative negligence assessment, Bert Brock Law, LLC is here to help you navigate the process and protect your interests.

Contact Information:  


H. Bert Brock

229 Peachtree Street NE

Suite 2440

Atlanta, GA 30303

Phone: 678.658.8102

Fax: 678.658.8145

Disclaimer: This blog post is crafted exclusively for the purpose of providing information and is not intended to serve as legal advice. It aims to deliver a summary and should not be seen as a substitute for the advice from a qualified legal expert. Because legal situations are unique to each person and legal guidelines are subject to change, it’s essential to seek the counsel of a legal professional or lawyer who can offer advice tailored to your individual legal requirements. The creators and publishers of this blog emphatically deny any responsibility or liability for decisions or actions taken based on the information shared in this article.






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