Word of the Month for November 2018: Contributory (and Comparative) Negligence

Why is it, no matter how early I start driving for work, there is always someone who is in a rush to get in an accident with me?

Take, for instance the guy that I almost creamed on the way to work, today.  So, picture it, I'm driving the speed limit (hey, it happens sometimes) and just as I'm approaching the intersection to turn right, the guy in front of me hits his breaks to let someone turn left into a parking lot.  No one in front of him and he slams on his breaks to....what?  Get the back of his car smashed in?

This brings us to our word of the month: CONTRIBUTORY (and COMPARATIVE) NEGLIGENCE.  See, the thing is, you need to know about the former so you have some context about the latter.  So, what is CONTRIBUTORY NEGLIGENCE?  According to Black's Law Dictionary (10th Edition):

Contributory Negligence is the principle that completely bars a plaintiff's recovery if the damage suffered is partly the plaintiff's own fault.  Most states have abolished this doctrine and have adopted instead a comparative-negligence analysis.

So, what is COMPARATIVE NEGLIGENCE?  Again, referring to Black's Law Dictionary:

Comparative Negligence is the principle that reduces a plaintiff's recovery proportionally to the plaintiff's degree of fault in causing the damage, rather than barring recovery completely.  Most states have statutorily adopted the comparative negligence doctrine.

So, back to my story.  Guy is about 30 feet in front of me.  The road is dry, early fall, sun is out, the traffic signal (about 40 feet beyond where we stopped) is red, the cars to my left are stopped and there is NO ONE in front of the guy in front of me. 

Suddenly, guy in front of me slams on his breaks and I slam on my breaks narrowly missing him by centimeters.  I mean, I can see the ripple in his cheap paint job from where I'm sitting.  

Had I not just stifled that sneeze, my front bumper would have wound up somewhere around the middle of his back.  What I want to know is, if I had hit him, what might I be looking at in the way of damages?

For the answer to that question, I have access to a great resource called O'Brien's Evaluator (Lexis).  Basically, it's a listing of hundreds of cases on hundreds of difference causes of actions and what those cases might be worth.

So, to see what my case might have cost me, I started in the 2016 edition of O'Brien's and found Adam Bar v. Brent Bradley, No. BC541258 where Mr. Bar was forced to slow down due to stop-and-go traffic and got rear-ended.  Mr. Bar won $51,659 for that case.  The difference with that case and mine is that the guy in front of me didn't have anyone in front of them.  He just stopped.  So, maybe not the best comparison.

Then I looked in the 2014 edition of O'Brien's and found James Redcloud and Carlotta Redcloud v. Wesler Video, No. EC0555297 where the plaintiff's stopped for a traffic light that had just changed from yellow to red when they were rear-ended.  The Redcloud's got $125,000 for their troubles.  The problem, again, is that the guy in front of me did not stop for a traffic light (although the light 40 feet away was red).  Instead, he stopped to let someone turn left.  So, again, maybe not the best comparison.

Finally, I turned to the 2007 edition of O'Brien's and found Randie Stark v. Dragomir Ikonomov, No. 05C01937 where the plaintiff had suddenly stopped in the middle of the road to make a left turn across a double yellow line and got rear-ended for his troubles.  While it was the driver in this case that was trying to make a left turn, this is the closest I've found to my situation and it encourages me because in this case, the plaintiff lost the case (i.e. he got defensed).  This is helpful to know about since the plaintiff was seeking $9,000,000 in damages.  If staring down a multi-million dollar case doesn't give you the willies, nothing will.

Anyway, it's good to know that I have an ace up my sleeve had I had to actually use it.  Better still, I know that I have resources at my local county law library that can help me find peace when (or if) I need it/them.  

Sooooo, if ever you find yourself in a bind with no where to turn, why not head over to your local county law library for some help and guidance.  We'll be sure to steer you in the right direction.