Contributory Negligence vs. Pure Comparative Negligence (New York) vs. Modified Comparative Negligence
Scenario One
Contributory Negligence Jurisdiction (Harshest standard - only applied in four states)Two motorists at four-way stop sign perpendicular to one another. One says the other motorist waved them on. The other denies it. One of the motorists sustains injuries and damages of $50,000. The insurance carriers decide that liability is 50-50. Unfortunately, the injured motorist's recovery is $0, since they were found to be partly at fault.
Scenario TwoPure Comparative Jurisdiction (New York)Two motorists at an intersection, perpendicular to one another. One says the light was green for them. The other says the light was green for them. Obviously, they can't both be right or telling the truth. Let's say that one of the motorists sustains injuries and damages of $75,000. If the insurance carrier decides to split things down the middle 50-50, their recovery would be $37,500.
Scenario ThreePure Comparative Jurisdiction (New York)Two motorists at an intersection at night. One has a stop sign. The other does not. However, the motorist without the stop sign has not turned on its headlights. The motorist at the stop sign is injured and sustains $100,000 in injuries and damages. However, they are deemed to be 75% at fault. Ordinarily with a stop sign, they would be closer to being 100% at fault. However, the court considers the other vehicle's failure to use its headlights. The award for the motorist at the stop sign is reduced from $100,000 to $25,000, to reflect their respective liability under New York comparative negligence doctrine.
Scenario Four
Modified Comparative Jurisdiction (Applied in jurisdictions using the 50% rule for comparative negligence)Two motorists, where one is already on the main road, and the other is entering from a driveway. The vehicle entering the main road is required to yield. However, the vehicle on the main road is speeding. The driver of the speeding vehicle on the main road is injured and sustains $200,000 in injuries and damages. However, they are deemed to be 25% at fault, due to their speeding. The award for the motorist on the main road is reduced from $200,000 to $150,000, to reflect their 25% share of fault - and the fact that they did not breach the 50% limit for fault.