California follows a comparative negligence system, allowing accident victims to seek compensation even if they are partially at fault. This means that your ability to recover damages is not entirely eliminated if you share some responsibility for the accident. Instead, your compensation is reduced by the percentage of fault assigned to you.
How Comparative Negligence Works
Under California’s pure comparative negligence rule:
- Fault is Divided by Percentage
- In an accident, each party is assigned a percentage of fault. For example, if you are found to be 20% at fault and the other party 80%, this division will impact your compensation.
- Compensation is Adjusted Based on Fault
- Your total compensation will be reduced by your percentage of fault. So, if you’re awarded $10,000 in damages but are 20% responsible, your recovery would be reduced by 20%, leaving you with $8,000.
- Applicable to All Personal Injury Cases
- Comparative negligence applies to various cases, including car accidents, slip and falls, and other personal injury claims, making it essential to understand how your actions may affect your case.
Why Legal Representation Matters
Determining fault can be complex, and insurance companies may try to assign you a higher fault percentage to reduce your settlement. An experienced personal injury attorney can gather evidence, negotiate with insurers, and work to minimize your assigned fault, helping you secure maximum compensation.
Understanding California’s comparative negligence law can be key to achieving a fair outcome.
