Rhode Island Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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The first type of comparative negligence is "pure comparative negligence." This doctrine, followed in states such as Alaska and California, allows a plaintiff to recover damages from the defendant minus his or her percentage of responsibility.
Rhode Island is one of the 13 U.S. states that follow a pure comparative fault system. This means, if you have been a victim of a car accident, you can recover a certain amount of compensation for your injuries even though you were negligent in your own driving, regardless of your degree of negligence.
Pure Comparative Negligence: Almost one-third of states follow this rule, including California, Florida, and New York.
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.
Rhode Island Pure comparative negligence. Plaintiff's negligence is not a bar to recovery, but damages are diminished in proportion to the amount of negligence attributable to the plaintiff. R.I.