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What is California’s Comparative Negligence Law?
While some states operate under a contributory negligence understanding of personal injury law, California utilizes a comparative negligence law. Under comparative negligence laws, it is possible for injured or damaged parties to recover compensation even if they were partially at fault for the accident.
Most states have some version of comparative negligence laws, though some are modified comparative negligence laws, and some are pure comparative negligence laws. California is a pure comparative negligence state. Under our laws, injured parties can seek financial recovery for a car collision so long as they are not 100% at fault for the accident. Even if the car accident victim were 75% at fault, they would still have the right to seek compensation.
Under California’s comparative negligence laws, the amount of fault that a person shares for causing the accident will influence how much they can recover damages. For example, if you are deemed 20% responsible for causing a car crash, you can expect to have your maximum compensation reduced by 20%.
Does the 50% Rule for Comparative Negligence Apply in California?
In many comparative negligence states, there is a 50% rule. In such states, a car accident victim cannot seek compensation if they were 50% or more responsible for causing the wreck. The states use this threshold to deny compensation to the individuals they believe hold most of the blame.
The 50% rule does not apply in California. We have a pure comparative negligence law that allows car accident victims to seek financial recovery so long as they are not 100% at fault for causing the accident.
What is Comparative Fault?
Comparative fault is another term for comparative negligence. It is the legal concept used to allocate accountability for a personal injury accident involving different parties.
To learn more about comparative negligence and how it may impact your car accident case, please contact our California law firm to schedule your free initial consultation with our legal team today.
How Does Comparative Negligence Apply to California Car Accidents?
In California, every motorist is responsible for their actions and inactions while behind the wheel of a car or truck. When one or more parties are responsible for causing a car wreck, the state’s comparative negligence laws go into effect to assign negligence and divide liability among the at-fault parties.
Under the law, so long as you are not 100% responsible for causing the auto accident, you can hope to seek financial compensation for your injuries and other losses suffered in the car crash. However, if you were partially responsible for causing the accident, you can expect to have your full compensation reduced accordingly.
For example, if your car accident claim was worth $20,000 but you were 50% responsible for causing the accident, you can only hope to recover $10,000 in damages from the other party.
How is the Percentage of Fault Determined After a Car Crash?
Determining fault in a car accident is a complicated process that requires gathering and analyzing several different types of evidence. Pieces of evidence that could help determine fault in a car crash may include police reports, accident reports, witness statements, traffic camera footage, comments made at the accident scene, and expert testimonies.
Insurance companies and personal injury lawyers often work to piece together the events leading up to the accident to establish who was at fault and to which degree. In many car accident cases, liability and fault are not easy to determine, and sometimes, the blame can rest on the shoulders of multiple parties. The legal concept of comparative negligence allows the courts to review the facts and assess the actions of each party involved in the car accident to assign a percentage of fault accordingly.
What if More Than Two People Are Responsible for the Auto Accident?
Comparative negligence also applies to car accident cases involving several parties. For example, a court would have to examine the facts and evidence of a multi-car pile-up to determine where negligence lies in the case. In such scenarios, three or more of the drivers may hold some fault for the accident, while other drivers could be blameless.
Car accident cases involving more than two at-fault parties are typically more complex than those involving one or two motorists. It is strongly recommended that car accident victims retain professional legal counsel from an experienced car accident attorney when filing their car accident claims.
What is the Impact of Comparative Negligence on Liability and Financial Compensation?
The primary impact that car accident victims feel in relation to comparative negligence laws is how it affects financial compensation. The amount of financial compensation you can hope to receive is directly correlated with your level of fault. For this reason, it is incredibly important to work with a car accident lawyer to accurately establish the facts of the matter and minimize your percentage of fault to maximize your compensation.
Car insurance companies use comparative negligence laws to their advantage. They may attempt to shift blame onto you to reduce the payout that they owe you. Do not be bossed around by the insurance company. Contact our law firm for legal assistance.
Schedule a Free Consultation with an Experienced Car Accident Attorney in Sacramento, CA, Today
A car accident lawyer can provide valuable legal services to you and your family members in the aftermath of a car crash. It is not uncommon for other parties involved in car accidents to claim that you may be partially or fully liable for causing the crash. A skilled attorney knows how to handle such tactics and will fight tirelessly to defend your claim.
Please contact our Sacramento-based law office to schedule a free, no-obligation case review today.
You can reach us at 916-661-4464.
