Knowing how comparative negligence works is vital if you live in a state that uses it. In simple terms, comparative negligence implies both drivers can share fault for an accident, but one driver can be more at fault than the other. For example, you are texting while driving when another driver runs a stop sign and hits your car.
A jury finds that the driver who ran the stop sign is 80 percent at fault, but they believe you would have had a better chance of avoiding the accident if you were not texting at the time. They find you 20 percent at fault. You can only collect enough compensation to cover the other driver's fault. In this case, you would get $8,000 if the jury thinks your case is worth $10,000.