Setareh Law
April 8, 2025
Under California’s comparative negligence law, your compensation for damages may be reduced based on your percentage of fault in the accident. This means that even if you are found to be partially responsible, you can still recover damages from the other party, albeit at a reduced rate. For instance, if you are deemed 30% at fault for the accident, you can still seek 70% of the total damages incurred.
At Setareh Law, we recognize that the aftermath of a car accident can be overwhelming, filled with uncertainty and questions about liability and compensation. That’s why we’re here to help you understand more about negligence laws and how we can protect your rights after a car accident.
What Is Comparative Negligence?
Comparative negligence, as outlined in California’s comparative negligence laws, is a legal concept used to determine the degree of fault in an accident. Under this rule, the amount of compensation awarded to a plaintiff in a personal injury case is reduced by their percentage of fault for the accident. This concept contrasts with contributory negligence, which could bar recovery altogether if the plaintiff is found partially at fault.
California’s Pure Comparative Negligence Law
California’s pure comparative negligence law means that all parties involved in an accident are assigned a percentage of fault. This law significantly impacts how you can file a car accident claim and the amount of compensation you can seek. It allows plaintiffs to recover compensation, even if they are found to be more than 50% responsible for the accident. Unlike other states that follow a modified comparative negligence system, California’s approach ensures that you can still recover damages based on your assigned fault percentage.
Under the California Civil Code, the pure comparative negligence rule is explicitly outlined, ensuring that each party’s liability is assessed fairly. This allows for a more equitable distribution of compensation based on actual fault. The implications of this law are significant for personal injury claims, as it allows for a more nuanced understanding of responsibility in car accidents.
How Comparative Negligence Works in Car Accident Cases
In the realm of car accidents, understanding how comparative negligence operates is crucial for anyone seeking compensation for their injuries. California’s pure comparative negligence system allows injured parties to recover damages even if they bear some responsibility for the accident. The compensation awarded is adjusted based on the plaintiff’s percentage of fault. For instance, if you are found to be 20% at fault for the accident, you can still recover 80% of the total damages.
When determining fault in a car accident case, the court examines various factors, including the actions of each driver, road conditions, and weather. This thorough analysis helps allocate fault percentages to all parties involved. For example, if Driver A was speeding and Driver B failed to yield, the court might find Driver A 70% at fault and Driver B 30% at fault. Consequently, Driver B’s compensation would be reduced by their 30% fault.
Navigating the claims process under California’s comparative negligence laws can be complex. It’s essential to work with an experienced personal injury lawyer who can help establish the facts of your case, minimize your fault percentage, and negotiate with insurance companies to ensure you receive fair compensation. At Setareh Law, our dedicated attorneys are well-versed in personal injury law and committed to helping you achieve the maximum compensation possible for your injuries.
Examples of Comparative Negligence in Personal Injury Cases
To illustrate how comparative negligence works, consider a scenario where two drivers are involved in a car accident. Documenting the accident scene through photos and witness statements is crucial in determining fault. If Driver A is found to be 70% at fault due to speeding, while Driver B is 30% at fault for not using a turn signal, the damages awarded to Driver B would be reduced accordingly. In addition to medical bills, victims often face lost wages due to their inability to work. Medical bills can quickly accumulate, adding to the financial burden faced by accident victims.
Another example could involve a pedestrian accident where the pedestrian is jaywalking, contributing to their injuries. The jury will assess the actions of each party involved to determine the percentage of fault. If the jury finds that the pedestrian is 40% responsible for their injuries while the driver is 60% at fault, the pedestrian can still recover compensation for their personal injuries, albeit reduced by their percentage of fault.
Contact Setareh Law for a Free Consultation And Expert Legal Help
If you have been involved in a car accident and are concerned about how California’s pure comparative negligence rule may affect your case, we encourage you to contact Setareh Law for a free consultation. Our experienced personal injury attorneys can help you navigate the complexities of filing a personal injury claim. Our experienced personal injury lawyers specialize in navigating the complexities of personal injury law in California. We understand the nuances of comparative negligence and are committed to helping you recover the compensation you deserve, regardless of your percentage of fault.
At Setareh Law, we offer personalized legal services tailored to your unique situation. We will assess your case, gather necessary evidence, and advocate for your rights throughout the claims process. Our goal is to ensure you receive the maximum compensation possible for your injuries. Don’t hesitate to reach out for a consultation to discuss your options and how we can help you seek compensation for your injuries. Call Setareh Law at (310) 659-1826 or use our online contact form.
