What does “comparative negligence” mean? Does it help determine who is responsible for a traffic accident?
Comparative negligence is a term used to describe dividing the responsibilty of the accident between drivers based on their recklessness that caused the accident. Percentages of fault are given to the drivers and when damages are awarded, these percentages can be a basis of who pays and how much. When a bus is concerned, some common examples of comparative negligence are: a fatigued or intoxicated bus driver, whether all the equipment and parts on the bus were functioning properly, and if there was traffic law compliance. A combination of these or other factors may cause the “negligence” to be distributed to all parties responsible.