What is comparative negligence?
Comparative negligence is conduct by the victim that contributed to the victim’s own injuries or death. If the plaintiff is found to be comparatively negligent, the amount of damages awarded will be reduced by the percentage of fault assigned to the plaintiff. For example, a victim is driving down a street at night without headlights. The defendant does not see the victim’s vehicle, and pulls into the path of the victim’s vehicle, killing the victim. The victim may be found comparatively negligent for driving without headlights. |
