How to Calculate Comparative Negligence

Comparative negligence refers to the culpability each party in an accident must assume. In the case of drunk driving, there is no comparative negligence, or rarely is. The drunk driver is absolutely responsible for the accident in the eyes of both the law and insurance companies. Often, however, an accident is not entirely the fault of one party. In these cases, comparative negligence is calculated to determine what percentage of the fault rests on the shoulders of each party. For example, if someone wrecks your car but you could have avoided the accident, you are in part liable for damages.

Instructions

1

Investigate the incident. If you were not party to the accident, contact witnesses who were. Observe the cite where the accident occurred. Take note of the situation and circumstances of the involved parties. A construction accident, for example, might be understood better taking into account the safety precautions taken for the worker, the worker's work history, the inherent dangers of the job, and possible oversights by management. Build a scenario that explains what might have happened the day of the accident.

2

Attain police, hospital and eyewitness reports. These reports provide information and accounts both the courts and the insurance companies use to determine the percentage of comparative negligence. The factual information is important because it provides facts as to where, how and when events occurred. An example might be a car accident at a stop sign in which the driver who was stopped was hit by a car moving adjacent to the stopped car's path. It is important to know where the accident occurred in relation to the stop sign -- in front or behind.

3

Contact any insurance companies involved and ask for their investigative reports. While the courts may come to one conclusion, insurance companies often come to an altogether different account of the facts. In insurance company reports, a comparative negligence calculation should be included.

4

Compare your findings with those of law enforcement, hospital reports, eyewitnesses and the insurance companies. If you do not agree with all or any of the findings, you can take action to rectify the situation. If you find that you disagree with the findings of the claims adjuster, you can file a civil suit. If you do not agree with the decision of the courts, you can appeal the ruling.