When a car accident happens, it can be difficult to determine who is at fault for the accident. In many cases, both drivers’ negligence contributed to the crash. If an injured party files a personal injury suit, a judge or jury will be responsible for determining what percentage of fault to attribute to each party involved. An injured party’s ability to recover damages will be limited by the percentage of fault attributed to them.
What is Montana’s modified comparative negligence rule?
Under Montana Code Annotated 27-1-703, an injured party can only recover damages if the percentage of fault attributed to them was 50 percent or less. This rule is sometimes also referred to as the 51 percent bar rule, as parties found 51 percent or more at fault will not be permitted to recover economic or noneconomic damages awarded for medical expenses, lost wages, and pain and suffering.
Accident victims less than 51 percent at fault will recover damages that have been reduced by the percentage of fault attributed to them. A driver who was found 20 percent responsible will have their $100,000 award reduced by 20 percent to $80,000.
Why is this rule necessary?
The purpose of the modified comparative negligence rule is to allow a party that was only slightly responsible for an accident to still recover damages, while preventing a party who is mostly responsible for the accident from having to pay for damages that were caused by the other party’s negligence. However, there are several states where being even one percent responsible for your accident will bar you from recovering any damages.
Determining fault after a motor vehicle accident is the key to deciding who should pay for accident-related damages.