Car crashes often occur due to one or more person’s negligence. In a crash, the person who primarily causes the accident may attempt to blame the other party too. In other words, the defendant may try to place some or all liability on the plaintiff. This is a legal theory called “contributory negligence.”
Contributory Negligence
Contributory negligence is when a person’s conduct helps the defendant’s negligence cause an injury. Simply, the person suffering injuries fails to protect himself from the injury. The plaintiff is also negligent because he should have been able to avoid the injury.
An Example
A person’s eyes are seriously hurt when a torch blows up in his face. That person did not wear safety goggles. The torch manufacturer was negligent – it sold a defective torch. The person suffering injuries was also negligent and contributed to the injury by failing to wear safety goggles. If he wore goggles, he may not have injuries.
State Laws
In some states, a plaintiff loses his claim if he is even 1% at fault. In Alaska, liability is shared between the plaintiff and the defendant. Liability is based on each person’s amount of fault for the injuries. This is called “comparative negligence.” If the plaintiff is partly to blame for his injuries, then his damage award reduces proportionally.
Understand The Law
If you or a family member is hurt in a car crash, get help. A personal injury attorney will analyze negligence in every case. The attorney will advise how to proceed. For further information or to schedule a free initial consultation call 866.452.3741 or visit www.merdes.com.
The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do.
Source: FindLaw, “Defenses to Negligence Claims,” accessed Jan. 26, 2016
