Comparative negligence is a legal principle used to allocate fault among the parties involved in an accident. Under this doctrine, a plaintiff's compensation is reduced by the percentage of fault attributed to them.

Pennsylvania's Rule

Pennsylvania follows a modified comparative negligence rule (51% bar). This means a plaintiff can recover damages as long as they are not more than 50% at fault. If the plaintiff is 51% or more responsible, they cannot recover any compensation.

New Jersey's Rule

New Jersey also follows a modified comparative negligence rule, but with the same 51% threshold. A plaintiff who is less than 51% at fault can recover, but their award is reduced by their percentage of fault.

Practical Example

If you are found to be 20% at fault in a car accident and your total damages are $100,000, your recovery would be reduced by 20%, resulting in a $80,000 award. Understanding how comparative negligence applies to your case is essential for maximizing your recovery.