Forum Discussion
msmith1199
Jul 09, 2013Explorer II
MickeyBrennan wrote:
[COLOR=]Contributory Negligence
A doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.
Perhaps they were trying to protect their vehicle from damage. That didn't work out so well did it?
Hopefully everybody recovers and learns an important safety lesson.
I don't think that doctrine of common law applies anymore. At least not the part about not collecting anything. Contributory negligence still applies, but the civil courts will divvy it up by percentage. For example in this case lets say the injured woman sues and gets a one million dollar judgment. Then court then rules that she is also partially to blame because her vehicle was illegally stopped in the road when they could have pulled off to the shoulder. So the court will then say she is 20% responsible for her own injury because of this. So instead of getting the full million, she now only gets $800,000.
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