Comparative Fault in California: What It Means in Personal Injury

Comparative Fault in California: What It Means in Personal Injury
https://rtmlawfirm.com/comparative-fault-in-california-what-it-means-in-personal-injury/

Comparative fault is a legal concept used in personal injury cases to determine the degree of fault of each party involved in an accident. It stipulates that each party’s negligence is weighed and compared in order to assign a percentage of responsibility for the accident and subsequent damages.

Essentially, it allows for a fair and proportionate allocation of liability based on the specific actions of each party.

For example, if a person is injured in a car accident and is found to be 30% at fault for the collision, their compensation for damages will be reduced by 30% to account for their contribution to the accident.

Comparative fault and comparative negligence are terms often used interchangeably, both relating to the allocation of damages in personal injury lawsuits.

Is California a Negligence State?

Yes, California follows a pure comparative negligence system. As long as you are not found to be 100% at fault for the accident, you can still receive some amount of compensation. This makes it more fair and balanced for all parties involved in the event of an accident or injury.

How Does It Work?

Let’s say that Bob was involved in a car accident where he sustained $100,000 worth of damages and the court determines that he was 20% at fault due to his own negligence. In this case, Bob would only receive $80,000 in compensation instead of the full $100,000. However, if he had been found to be 50% at fault or more, he would not be entitled to any compensation at all under California’s pure comparative negligence rule.

Comparative fault law also applies to cases where multiple parties are found to at fault for an accident. In such cases, the court will determine each party’s percentage of responsibility and adjust the compensation accordingly.

For example, if Bob was 20% at fault while the other driver involved in the accident was 80% at fault, Bob would still receive $80,000 in compensation. The other driver or their insurance company would bear a larger portion of the responsibility for paying for Bob’s damages.

When establishing comparative negligence, the California civil court will consider several factors to know the percentage of fault for each party involved, including:

The actions and behaviors of each party leading up to the accident or injury.
Any evidence that suggests one party was more negligent than the other.
The extent of damages caused by each party’s actions or lack thereof.

Injured?

The California personal injury lawyers at RTM Law Firm have years of experience helping clients in all types of injury cases, including those from car accidents, truck accidents, motorcycle collisions, defective products, and premises liability cases.

We will also handle all communication with insurance companies, ensuring that you don’t get tricked into settling for less than what you deserve.

Call us today.

RTM Law. Your Trusted Injury Advocates.

RTM Law, APC | Personal Injury Attorney
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