Question

Devin is in a car accident with beth. the jury finds that the damage to devin's car is $10,000. the jury also finds that the wreck was 45% devin's fault and 55% beth's fault. if devin's state uses a modified comparative negligence system, how much can he recover?

Answer 1

In a modified comparative negligence system, a plaintiff's recovery is reduced by their percentage of fault, as long as the plaintiff is found to be less than 50% at fault. If the plaintiff is found to be 50% or more at fault, they are not entitled to any recovery.

In this case, the jury found that Devin was 45% at fault. Since this is less than 50%, Devin is entitled to recover damages. However, his recovery will be reduced by his percentage of fault.

If the total damage to Devin's car is $10,000, then Devin can recover 55% of that amount, which is:

0.55 x $10,000 = $5,500

Therefore, Devin can recover $5,500 in damages.