Fault is a crucial part of a personal injury case. You must prove a party caused your injuries to hold the party financially responsible for your injuries and damages. However, the common law tort of contributory negligence can impact a victim’s right to recover damages if they contributed to the cause of their injuries.
North Dakota is a modified comparative fault state. Our North Dakota personal injury attorneys explain the difference between contributory negligence and comparative fault in this blog. They also explain how being partially to blame for your injuries could impact how much you receive for a personal injury case.
Contributory Negligence vs. Comparative Fault
Contributory negligence (a.k.a. contributory fault) is the harshest form of apportioning damages in a personal injury case. Only four states and the District of Columbia continue to use this standard.
Under contributory negligence, an injured party is barred from recovering damages if they have any blame for their injuries. For example, if a jury decides an accident victim was 1% to blame for causing a car crash, the victim cannot receive any money from the party who was 99% to blame. Contributory negligence is very unfair to injured parties.
Comparative fault can also impact the value of a personal injury claim, but it is fairer. Under comparative fault, a person can receive damages even though they are partially to blame for causing their injuries. However, the court reduces the person’s damages by their percentage of fault.
Many states use comparative fault for personal injury cases. However, other states, including North Dakota, use a modified comparative fault standard for dividing damages.
What Is the Impact of North Dakota’s Modified Comparative Fault Law on a Personal Injury Claim?
North Dakota uses a modified comparative fault law as defined in North Dakota Century Code §32-03.2-02. An accident victim is not barred from receiving damages unless their fault is as great as the fault of the other persons involved in the accident. In other words, if your fault for a car accident is 50% or more, you cannot recover damages for your claim.
However, if your fault is less than 50 percent, you can recover a portion of your damages. The court reduces your damage award by the level of fault assigned to you by the jury.
For instance, suppose a jury awarded you $1 million in damages. If the other parties are 100% to blame for causing the accident, you can receive the total damages award of $1 million.
However, suppose the jurors decide you were 10% at fault for causing the crash. In that case, the judge reduces your damages award by 10% or $100,000.
How Can I Protect Myself from Comparative Fault in North Dakota?
Insurance companies may use comparative fault to avoid paying a claim. You can fight back against this tactic by:
- Report all accidents as soon as possible to ensure you receive an accident report.
- Never say an accident was your fault or make statements that could be misunderstood as admitting fault, including saying you are sorry.
- Ask bystanders and witnesses to give you their names, addresses, and telephone numbers.
- Make a video of the accident scene and take photographs. Ensure you capture evidence proving the cause of the accident.
- Seek prompt medical treatment for your injuries. Delays in medical care could hurt your case.
Talking to an insurance adjuster before seeking legal advice can be unwise. The insurance adjuster is a trained professional working to protect the insurance company from liability. Your statements could be misinterpreted to imply fault. It is best to talk with an attorney before you talk to the insurance adjuster.
Schedule a Consultation with Our North Dakota Personal Injury Attorneys
Our North Dakota personal injury attorneys at Pringle & Herigstad, P.C., understand contributory negligence laws. We also understand how insurance companies try to shift blame to the accident victim to avoid paying your claim. We use our extensive resources and vast experience to fight back against unjust contributory fault laws. Contact us today.
