Understanding Comparative Negligence in California
Figuring out who is at fault for an accident is rarely straightforward. Who is liable? If you are partially at fault, does someone else share the blame?
The answers to these questions determine whether you pay or get money for your injuries. These factors also affect the amount you can receive. With your financial future at stake, understanding the role of comparative negligence in personal injury cases is essential.
The legal process can seem overwhelming, especially if you are recovering from the emotional and physical trauma of a motor vehicle accident. You can find relief at Autoaccident.com. Our experienced lawyers offer the professional guidance you need to maximize your personal injury settlement.
How Comparative Negligence Works in California
Responsible drivers act with reasonable care for others. They show consideration and respect for safety as they share the road. In contrast, negligent drivers fail to act with reasonable care, often resulting in serious injuries and even death.
In general, the negligent party who caused the harm is liable for accident losses. Yet, what if at least one additional party shares a degree of responsibility for the crash?
California uses a system that accounts for each party’s role in an accident. This law is called pure comparative negligence. It allows the injured party to recover damages even if they contributed to the accident.
Besides the motorists, other parties may share fault, including:
- Vehicle or parts manufacturers: If a defect contributed to the accident
- Government agencies: Responsible for unsafe road design or poor maintenance
- Employers: If a commercial driver’s accident was due to substandard inspections or maintenance
Let’s consider an example where you have an accident on I-5. Another car hit you, but your actions leading to the crash make you partially at fault.
These are the steps that would likely happen after your accident:
- A court or insurance company determines the damages, including medical bills, lost income, and non-economic losses such as pain and suffering
- Each party is assigned a percentage of fault
- Compensation is calculated based on the degree of fault
Returning to our example, the court determines that you are 25 percent at fault. The total damages amount to $100,000. Adjusting 25 percent for your degree of fault, you can receive only $75,000, or 75 percent of the entire amount. Comparative negligence lawsuits compensate accident victims for their losses while ensuring that the other party does not have to pay for someone else’s negligence.
Steps to Protect Your Rights After an Accident
Do you suspect you were partially at fault for a California motor vehicle crash? Don’t assume, and don’t admit fault. Adjusting for fault involves reviewing evidence, interpreting relevant laws, and negotiating with insurance companies.
Remember, insurance companies may try to shift the blame. By allowing your lawyer to handle communications, you can avoid doing or saying things that could damage your claim. It is essential to remove accident-related photos and posts from social media.
Seemingly minor details influence how much responsibility each person holds. Take these steps to support your claim:
- Contact a personal injury lawyer as soon as possible to avoid missing important deadlines for personal injury cases
- Gather as much evidence as possible, including photos of property damage and injuries
- Cooperate with your doctor’s advice and attend your appointments regularly
- Keep a journal of your recovery process, describing your pain and how your injuries impact your daily life
A lawyer often interviews witnesses, recovers video footage, and obtains copies of police reports and medical records. At our law firm, we rely on extensive resources to determine the chain of events.
The California Courts advise contacting a lawyer when fault is not apparent or multiple parties may share the blame. Our attorneys can determine whether you share a degree of fault after a thorough investigation.
Seek Personalized Solutions for a Better Outcome
Most drivers have made mistakes. Even if you were partially at fault, you can still receive life-changing compensation. Yet, there is no one-size-fits-all approach to resolving personal injury claims.
At Autoaccident.com, our attorneys can help you understand how comparative negligence applies to your unique situation. We offer more than general advice. Our personalized attention is risk-free because there are no out-of-pocket costs. You pay only when we obtain a favorable verdict at court or reach a settlement with the other parties.
Contact Autoaccident.com today to explore solutions informed by insight, strategy, and experience. Click the banner on your screen or call (800) 404-5400 to schedule your free consultation. Our representatives are ready to connect you with our legal team.