Understanding Comparative Negligence in California: Who’s Really at Fault?

When you’re involved in any kind of accident, whether it’s a car accident or a slip-and-fall in a store, the first question you ask is “who is responsible for my accident?” In California, responsibility, or “fault” is only one part of the equation.

When an attorney at the Brand Law Group takes your case, we investigate how the accident occurred and who was responsible. However, who was at “fault” may be the duty of a judge or jury.

What is Fault?

In a personal injury case, “fault” means the degree of responsibility someone has for the accident or injury. It is rare for one person to be 100% at fault for an accident and one person to be 0% at fault. For instance, if you were making a left turn at an intersection and the other driver blew through a red light and t-boned you, they might be 90% at fault for running the light. You might be 10% at fault for not wearing your seatbelt.

California is an “at-fault” state. That means that the party who caused the accident pays for the other party’s injuries and damages. Insurance companies try to adjust claims so that the person or company they cover is less at fault. Insurers are happiest when both parties are equally “at fault,” then each company only pays for its own client.

California’s Comparative Negligence Law

Comparative negligence is a way of determining whether an at-fault party can recover damages from the insurance companies. In a few states (Alabama, Maryland, North Carolina, and Virginia), even being 1% at fault prevents a party from recovering damages. These states are the only ones who still use this draconian and unfair law.

California uses a “pure” comparative negligence law. Under this law, victims recover damages according to their percentage of fault. Even someone 90% responsible for their own accident can still recover 10% damages from the other party’s insurance.

In practice, this means that if the total damages awarded in a claim are $100,000 and you are found to be 30% responsible for the accident, you can still recover $70,000. This law prevents victims from being shut out of recovering damages because they were partially at fault in their accident.

How Your Attorney Can Help

It’s important to tell your attorney all the facts in your case. Many people don’t tell their lawyer everything because they think it will harm their claim. Your attorney needs to know if you were speeding or talking on your cell phone when the accident happened. Remember, just because you were partially responsible doesn’t mean you can’t recover damages in your case.

The Brand Law Group knows that the time after an accident is frightening and confusing. We’re here to help you through that and get the compensation you deserve. Contact us today to discuss your case.