Car Accident Lawsuits Modified comparative negligence The modified comparative negligence rule in lawsuits involving car accidents is a legal rule that allows partial recovery of damages even if other party was at the fault. This idea was created to make the process more fair for both parties. If a person is partially responsible for an accident, the court may reduce the amount of their financial compensation in order to reflect their part in the accident. Pure comparative negligence is also used in certain states. It is used to determine whi