In jurisdictions that follow comparative negligence, a plaintiff’s recovery is reduced by their own percentage of fault. If they are found partially responsible for their injuries, their damages award is lowered accordingly. There are two main types: ‘pure comparative negligence’, where plaintiffs can recover damages even if they are 99 percent at fault, and ‘modified comparative negligence’, where recovery is barred if the plaintiff’s fault exceeds a certain threshold, typically 50 or 51 percent.
For example: In a car accident where one driver ran a red light but another was speeding, if the court finds the red light runner 70% at fault and the speeder 30% at fault, and total damages are $10,000, the speeding driver would only receive $7,000.