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Car Accident Lawsuits Modified comparative negligence Modified comparative negligence rules in car accident lawsuits allow 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. A court can reduce the amount of financial compensation payable if the person who is partly responsible for an accident to reflect their role. Pure comparative negligence can also be used in a few states. It is used to determine who was responsible for the accide