California’s Comparative Negligence Law: What It Means for Your Personal Injury Claim

When it comes to personal injury claims in California, one crucial aspect to understand is the state’s comparative negligence law. This law determines how fault is assigned in accidents and how it impacts the compensation you may be entitled to. If you’ve been injured in a car accident or other incident where more than one party is at fault, understanding California’s comparative negligence law can be key to securing fair compensation for your injuries.

What is Comparative Negligence?

California operates under a pure comparative negligence system. This means that if you are involved in an accident where both you and the other party share responsibility, your compensation will be reduced in proportion to the percentage of fault assigned to you. The critical aspect here is that even if you are partially at fault for the accident, you can still recover damages. However, the amount you are awarded will be decreased by the percentage of fault that is assigned to you.

For example, if you are involved in a car accident and are found to be 20% responsible for the incident, you can still recover 80% of the total compensation for your injuries. This law allows victims to still pursue compensation even if they are partially at fault, unlike other states where a victim may be barred from recovery if they hold any level of responsibility.

How Fault is Assigned in California Personal Injury Cases

In California, determining fault is a crucial step in the process of filing a personal injury claim. The more fault you are assigned in the incident, the less compensation you will receive. That said, the process of assigning fault can sometimes be complex, especially in accidents involving multiple parties or unclear contributing factors.

For example, in car accidents, fault may be shared between drivers based on various factors, including:

• Traffic violations: If one driver was speeding or ran a red light while the other driver was distracted, both may share fault.
• Contributory negligence: A pedestrian stepping into traffic or a cyclist not wearing a helmet could contribute to their own injury in certain cases.
• The actions of other parties: In multi-vehicle accidents or accidents involving faulty equipment (e.g., defective brakes or vehicle parts), the manufacturer or maintenance crew might also bear some fault.

California law allows the courts to assign a percentage of fault to each party involved. Once fault has been allocated, compensation is reduced accordingly based on the assigned responsibility. It’s important to keep in mind that even if you are partially responsible for the accident, as long as your fault percentage is not 100%, you may still receive compensation for your injuries.

Impact on Compensation

The most significant impact of California’s comparative negligence law is how it affects the total amount of compensation you can recover for your injuries. Let’s break it down with a few examples:

Example 1: Car Accident with Shared Fault

Imagine you are involved in a car accident where you were speeding slightly, but the other driver ran a red light and hit you. After the investigation, it is determined that you are 30% at fault for the accident due to speeding, while the other driver is found to be 70% at fault for running the red light.

If your total damages amount to $100,000 for medical expenses, lost wages, pain and suffering, and property damage, your compensation would be reduced by your percentage of fault. So, your total award would be:

• Total damages: $100,000
• Your fault: 30%
• Your compensation: 70% of $100,000 = $70,000

In this example, while you are partially responsible for the accident, you would still be entitled to $70,000 in compensation.

Example 2: Motorcycle Accident with Contributory Negligence

Consider a motorcycle accident where the rider was speeding and failed to wear a helmet, but the other driver made an unsafe lane change and collided with the motorcyclist. In this case, the motorcyclist may be assigned 40% fault for speeding and failing to wear a helmet, while the other driver is 60% responsible for the lane change.

If the total damages are $50,000, the motorcyclist’s compensation would be:

• Total damages: $50,000
• Rider’s fault: 40%
• Rider’s compensation: 60% of $50,000 = $30,000

Even though the motorcyclist was partially at fault, they can still recover compensation, though the amount will be reduced due to their own negligence.

Example 3: Pedestrian Accident

In cases involving pedestrians, comparative negligence can also apply. Suppose a pedestrian is struck by a vehicle while jaywalking, but the driver was speeding. In this case, the pedestrian might be found 30% at fault for jaywalking, while the driver may be 70% at fault for speeding.

If the pedestrian’s damages total $25,000, their compensation would be:

• Total damages: $25,000
• Pedestrian’s fault: 30%
• Pedestrian’s compensation: 70% of $25,000 = $17,500

Again, the pedestrian receives compensation, but it is reduced due to their shared responsibility in the accident.

How Comparative Negligence Affects Your Personal Injury Claim

It’s clear that California’s comparative negligence law has a direct impact on the amount of compensation you can receive. If you are partially at fault for an accident, it is important to understand that your compensation will be reduced based on your percentage of fault. However, the law still allows you to pursue compensation, which provides a significant opportunity for those who have suffered injuries in accidents where fault is shared.

In personal injury claims, the process of determining and proving liability can be complicated. This is where having an experienced personal injury attorney is critical. An attorney can help you build a strong case, reduce the percentage of fault assigned to you, and fight for the maximum compensation possible.

Why You Need an Experienced Attorney

If you are involved in a personal injury case where comparative negligence is likely to apply, you need an experienced attorney who understands California law and knows how to handle these complex cases. Here’s why:

• Negotiating with insurance companies: Insurance companies are notorious for trying to reduce the amount they pay out in claims. They may attempt to assign you more fault than is reasonable in order to lower your compensation. A skilled attorney can ensure that your side of the story is told accurately and fairly.
• Investigating the incident: In many cases, there are factors that contribute to an accident that may not be immediately obvious. An experienced lawyer can help investigate the scene, gather evidence, and present a clear case of liability.
• Expert testimony: In some cases, expert testimony may be necessary to prove who was at fault. A personal injury attorney has the resources to hire accident reconstruction specialists or other experts who can help clarify complex elements of the case.
• Fighting for fair compensation: An attorney can help you recover all available damages, including medical bills, lost wages, pain and suffering, and other losses that may be difficult to calculate on your own.

At M&Y Law Company, we specialize in personal injury cases involving vehicle accidents, and we have a proven track record of securing favorable outcomes for our clients. If you’ve been involved in an accident where comparative negligence might apply, our team is ready to provide you with the expert legal guidance you need.

Conclusion

California’s comparative negligence law can be complicated, but understanding it is essential if you want to secure compensation for your injuries. Even if you share fault in an accident, you are still entitled to recover damages, though your compensation will be reduced based on your percentage of responsibility. Having an experienced attorney on your side can help ensure that your case is handled fairly, and that you receive the compensation you deserve.

If you’ve been injured in an accident and are concerned about how California’s comparative negligence law may impact your claim, contact the skilled personal injury attorneys at M&Y Law Company. We are here to help you navigate the legal process and fight for the justice and compensation you deserve.