Car Accident Lawsuits Modified comparative negligence Modified comparative negligence rules in car accident lawsuits allows partial recovery of damages even if the other party was partially to the fault. This idea was developed to ensure that the process is equitable for both parties. If a person is partially at fault for an accident, the court could reduce the amount of their financial compensation to reflect their contribution to the accident. In certain states, pure negligence may also be used. It is used to determine who was more responsi