Eileen is driving down the road during the first nice spring day in Michigan. The car's top is down and Eileen is daydreaming of the idyllic warm summer days soon to arrive. All of a sudden, another car pulls out in front of Eileen. Eileen didn't see the car right away because she had her mind on other things. A thunderous collision ensues. Eileen sues the other driver and the jury finds that Eileen was 25% responsible for the accident. The jury awards damages of $100,000. Explain the doctrines of contributory and comparative negligence, and Eileen's recovery under each.

Question

Quizplus · Accepted Answer

The Answer is Contributory negligence was once the majority rule, but today applies only in a minority of states. This doctrine provides that if both the plaintiff and the defendant were negligent and the plaintiff's negligence is a though not necessarily the sole) proximate cause of his or her injuries, the plaintiff receives no recovery.
Comparative negligence also known as comparative fault) applies in the majority of states. This doctrine provides that if the plaintiff and the defendant were both negligent, plaintiff's recovery will be reduced by his or her relative degree of fault. Thus, if the plaintiff was 30% at fault and the defendant 70% at fault, the plaintiff will recover 70% of his or her damages, but will not recover for the 30% of his or her damages attributable to his or her own lack of due care. In a pure comparative fault system, the plaintiff will always recover for the portion of the injury attributable to the defendant.
Thus, under a contributory negligence doctrine Eileen would have no recovery, and under a comparative negligence doctrine she would recover $75,000 $100,000 x 75%).

Eileen Is Driving Down the Road During the First Nice