1. Contributory negligence. Victim cannot recover if victim is also negligent. In the United States, the pure contributory negligence only applies in Alabama, Maryland, North Carolina, and Virginia, wikipedia. https://en.wikipedia.org/wiki/Contributory_negligence
也就是說,動車撞非法停車,雙方都有疏忽,在pure contributory negligence states,(見上),雙方都無法向對方索賠。
2. Comparative negligence. Victim's compensation will be reduce by the percentage of his own negligence. If a victim is 30% negligence, the compensation will be reduced by 30%.