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
也就是说,动车撞非法停车,双方都有疏忽,在pure contributory negligence states,(见上),双方都无法向对方索赔。
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%.