Contributory Negligence
The doctrine of contributory negligence is an affirmative defense to an auto accident lawsuit and is typically raised by the defense attorney in an effort to defeat the accident lawsuit. A plaintiff's own negligence which is a proximate cause of a car accident may defeat the plaintiff's claim, even if the defendant was also negligent. Under the common law doctrine of contributory negligence there is no comparison of the fault of a plaintiff and the fault of a defendant. Even when a defendant's negligence appears to be much more serious, the plaintiff's own negligence in the car accident may defeat his claim. This common law rule has been criticized as being unduly harsh by many and has given rise to various methods to escape from the effects of the doctrine, including the "last clear chance" doctrine and the doctrine of comparative negligence in some states.
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