Have you ever wondered what happens if you’re partly responsible for an accident? It’s a common concern, and understanding the answer is vital, especially if you’ve been injured. This is where comparative negligence rules come into play. They’re designed to fairly distribute responsibility and determine how much compensation an accident victim can receive.
Navigating personal injury claims can be tricky, particularly when multiple parties share fault. In California, we operate under a pure comparative fault system. This means you can still pursue compensation even if you contributed to the accident.
Understanding how this system works is crucial, as insurance companies often use it to adjust settlements. With that in mind, let’s see how comparative damages work in California.
California’s Comparative Fault System
California operates under what’s called “pure” comparative negligence laws. This means that even if you were partly responsible for an accident, you can still recover damages. Your compensation, however, will be reduced by your percentage of fault.
For example, a pedestrian legally crossing the street at a crosswalk. Distracted by their phone, a driver runs a red light and hits the pedestrian. The court might find the driver primarily at fault for running the red light, but because the pedestrian was briefly looking in the other direction, the court assigns them 5% fault.
If the total damages for medical bills, lost wages, and pain and suffering are $50,000, the pedestrian, despite being assigned 5% fault, would still receive $47,500 (95% of $50,000). This is how comparative damages work in practice, even when the injured party bears a small portion of the blame.
It’s a significant departure from the older concept of contributory negligence. Under contributory negligence, any negligence attributable to the injured party, however small, would completely bar them from recovering any damages.
Practical Applications of Comparative Damages
Let’s explore how the comparative negligence principle applies in some common accident scenarios:
Car Accidents
Determining fault in car accidents often involves reviewing police reports, witness statements, and sometimes accident reconstruction. For example, imagine a car accident in San Pedro where Driver A runs a red light, but Driver B is speeding. The court might find Driver A 70% at fault and Driver B 30% at fault.
Motorcycle Accidents
Motorcyclists face unique challenges in comparative negligence cases. Unfortunately, biases sometimes exist, with some people unfairly assuming motorcyclists are inherently reckless. Proving the other driver’s negligence and disproving any negligence attributable to the motorcyclist is crucial.
Pedestrian Accidents
Even when a pedestrian is partially at fault, such as for jaywalking, they may still be able to recover some damages. The degree of fault will be considered, and the pedestrian’s recovery will be reduced accordingly. Insurance companies often try to minimize their payout by maximizing the percentage of negligence assigned to the pedestrian.
Bicycle Accidents
Similar to motorcycle accidents, bicycle accidents often involve disputes about fault. Drivers may claim a cyclist was riding erratically, while cyclists might argue the driver wasn’t paying reasonable care. The specific circumstances of each accident are critical in determining the percentage of negligence.
Challenges and Legal Representation
Determining fault and the corresponding percentage of responsibility can be complex. Disagreements among responsible parties and their insurance carriers are common.
Proving the fault attributable to each party, especially when it involves subjective assessments of reasonable care, can be challenging. This is where our experienced accident attorney in San Pedro can be invaluable. Our attorney can thoroughly investigate the accident, gather evidence to support your claim to recover damages, including medical expenses and non-economic damages, and negotiate with insurance carriers on your behalf.
They can also help you understand how comparative damages will affect your case. Seeking legal advice is highly recommended to protect your rights and maximize your chances of a fair settlement for property damage and injuries.
Don’t Let Shared Fault Stop You
Understanding comparative negligence is vital after a California accident, as it directly affects your potential for fair compensation for damages. Don’t let questions about the degree of negligence, comparative damages, or the statute of limitations jeopardize your recovery.
If you’ve been injured, contact an experienced accident attorney in San Pedro today for legal advice and to help maximize your compensation. Our team is ready to discuss your case.
