Understanding Comparative Negligence: The Foundation of Modern Personal Injury Law

Accidents are not always the result of one individual’s mistake. Sometimes, they result from a combination of circumstances, and more than one person or entity bears some responsibility. Georgia and many other states acknowledge these nuanced situations by maintaining a “comparative negligence” system.

Under comparative negligence laws, courts consider each party’s role in causing an accident. If more than one party is at fault, the court will assign a percentage of fault to each. Unlike older legal doctrines, where any fault by the injured party might bar recovery entirely, comparative negligence allows the injured party to obtain compensation, even if they shared some blame for the accident that harmed them.

If you want to protect your rights after an accident causes you harm, it’s essential to understand how comparative negligence works in personal injury cases. Read our blog and contact The Scott Pryor Law Group for a free consultation.

Types of Comparative Negligence Systems in 2025

In 2025, states largely follow one of two comparative negligence systems: pure or modified. Both follow the same basic principle, but there are some key differences between them. Here’s a breakdown:

Pure Comparative Negligence

In a pure comparative negligence system, an injured party can recover compensation for their accident-related losses even if they share a majority of the fault. Courts reduce their award based on their percentage of responsibility. For example, if they recover $100,000, but they’re found to be 80% at fault, their compensation will be reduced by 80%, and they will ultimately receive $20,000.

Modified Comparative Negligence

Modified comparative negligence states set a threshold, typically 50% or 51%, that limits who can obtain compensation after an accident. If your percentage of fault exceeds the threshold, you may not recover damages. For instance, if your state applies a 50% bar and you bear 51% of the fault, you cannot collect compensation.

Just like with pure comparative negligence, the modified comparative negligence system also reduces recoveries based on the percentage of fault. In other words, if you were found to be 30% at fault, any award of compensation you’re granted would be reduced by 30%.

How Comparative Negligence Works in Practice

Courts consider all evidence to determine each party’s degree of fault. Judges and juries evaluate police or incident reports, eyewitness testimony, photo and video evidence, traffic and premises liability laws, and expert analyses. If the court assigns the plaintiff a percentage of the fault, the plaintiff’s compensation is reduced accordingly.

Real-World Examples of Comparative Negligence Cases

The following are some realistic hypothetical examples of how comparative negligence works:

Car Accidents: A driver fails to signal a turn, and the driver behind them collides with them because they were slightly speeding. The court assigns 60% of the blame to the driver who failed to signal, and 40% to the slightly speeding driver.
Slip-and-Fall: A patron slips on a spilled drink in a restaurant. Surveillance footage shows that the victim was texting while walking and did not notice the hazard. The court assigns 70% of the blame to the restaurant and 30% to the patron.
Construction Site Accident: A worker falls on a construction site from a platform where safety rails are missing. The employer argues that the worker ignored safety instructions. The court reviews the evidence and assigns 20% of the blame to the worker and 80% of the blame to the employer.

Proving Fault and Building Your Case

While comparative negligence can prove beneficial in many instances, it can unnecessarily reduce your compensation if you don’t provide the evidence needed to hold the at-fault party accountable. Here’s how your attorney will work to prove fault in your case:

Gathering Evidence

All successful personal injury cases require substantial evidence. Depending on the nature of your case, that can include police or incident reports, accident scene photos and videos, surveillance or dashcam footage, witness interviews, medical and financial records, and expert testimony.

Consulting Experts

Accident reconstruction specialists, engineers, medical professionals, safety experts, and financial experts can help establish liability and quantify damages. Their testimony lends credibility to your claim, and it may sway a court in your favor.

Documenting Damages

To recover the compensation you deserve, you must link your injuries directly to the accident and show how much they’ve cost you, both financially and personally. To do this, you’ll need medical records, bills, invoices, receipts, pay stubs, and any evidence of lost wages.

Communicating Strategically

From the moment the accident happens, your words can be used against you when you’re pursuing compensation in a personal injury claim. Never admit fault or apologize after an accident, and don’t provide any recorded statements to insurers without first consulting your attorney.

Strategic Considerations for Maximizing Compensation

Maximizing compensation requires careful strategy and substantial evidence. Here are some tips for receiving a payout that reflects the full value of your claim:

Contact a Lawyer as Soon as Possible

A skilled attorney can work with experts to assess the value of your claim and calculate your maximum compensation. Then, they’ll negotiate aggressively with insurance companies for the settlement you deserve. The sooner you contact one, the stronger your case can be.

Don’t Delay Medical Care

Insurance companies often claim that delays in seeking medical care indicate your injuries are exaggerated or unrelated to the accident. Don’t put off seeing a healthcare provider, even if you feel fine.

Stay Organized

Strong evidence makes it difficult for insurance companies to deflect blame and reduce your payout, and comprehensive documentation makes it easier for your attorney to calculate your full compensation. Keep an organized file of all relevant documents, including evidence of the at-fault party’s negligence and proof of the damage they caused.

Practice Patience

Insurance companies often exploit the financial distress many accident victims face by pressing them to accept lowball settlements rather than pursuing one that reflects the full value of their claim. Remaining patient and rejecting these offers often results in a significantly higher payout.

Contact The Scott Pryor Law Group

If you’ve suffered injuries in an accident caused by someone else’s negligence, you need a skilled attorney to protect your rights. The Scott Pryor Law Group can investigate the accident, identify all liable parties, and fight to hold them accountable for the harm they’ve caused. Contact us today for your free consultation.

Scott Pryor

Managing Attorney | CEO

Scott is a U.S. Marine Veteran. He is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA and the Multi-Million Dollar Advocates Forum.