NFPA Paralegal Core Competency Exam (PCCE)Substantive LawHard
A paralegal is assisting an attorney representing a client who was involved in a car accident. The client was injured, and the other driver was clearly at fault. However, the client also admitted to exceeding the speed limit by a small margin at the time of the accident. In a jurisdiction that follows a 'modified comparative negligence' rule (50% bar), what is the likely outcome for the client's ability to recover damages?
- AThe client will recover nothing because they contributed to the accident by speeding.
- BThe client will recover a reduced amount of damages, regardless of the percentage of their fault.
- CThe client may recover a reduced amount of damages, provided their fault is not greater than the other driver's.
- DThe client will recover 100% of their damages because the other driver was clearly at fault.
Show answer & explanationAnswer & explanation
Correct answer: C. The client may recover a reduced amount of damages, provided their fault is not greater than the other driver's.
In a modified comparative negligence (50% bar) jurisdiction, a plaintiff can recover damages, but their recovery is reduced by their percentage of fault. However, if the plaintiff's fault is determined to be 50% or greater, they cannot recover any damages.
Why the other options are wrong
- A. This describes contributory negligence, which completely bars recovery if the plaintiff is at fault at all.
- B. This describes pure comparative negligence, where recovery is always reduced but never barred, which is not the scenario given.
- D. This describes pure comparative negligence, which is not the scenario given.
Modified Comparative Negligence (50% Bar)
A tort doctrine where a plaintiff's recovery of damages is reduced by their percentage of fault, but they are completely barred from recovery if their fault is determined to be 50% or greater.
- Combines elements of contributory and pure comparative negligence.
- Plaintiff can recover if their fault is 49% or less.
- Plaintiff recovers nothing if their fault is 50% or more.
- Most common form of comparative negligence in the U.S.
Memory trick: Modified 50%: You can recover, but not if you're 'half' to blame or more.