California Comparative Negligence Laws and Personal Injury Compensation

When you are involved in a car accident, bus accident, truck accident, or other incident on the roadway, you may wonder how you will recover financially from any damages or injuries you sustained. In many cases, your own auto and medical insurance may step up to help cover expenses related to the accident, but if the collision wasn’t your fault, other parties may be responsible for those expenses.

However, roadway accidents aren’t always simple, and there are many cases where more than one party is at least somewhat at fault in an incident. When this is the case, California’s comparative negligence law may impact any compensation awarded.

What Is Comparative Negligence?

Comparative negligence is a tort law principle that allows courts to reduce or mitigate the amount of damages paid to someone based on their own contribution to an accident. Most states have some version of comparative negligence laws, though some work on pure negligence while others have modified comparative negligence approaches.

How Does California Treat Comparative Negligence?

California is a pure comparative negligence state. This means you can seek compensation—and potentially get it—for an accident as long as you were not 100% at fault for the incident. Even if you were 75% at fault, for example, you may be able to recover some compensation from other parties who were also at fault, though your compensation would be reduced based on your level of fault.

Here’s a hypothetical and basic example to explain how pure comparative negligence might work: Imagine a car accident involving two people that goes to court. The court deems that person A is 75% at fault and person B is 25% at fault. Technically, both parties have a right to seek compensation. Say person A seeks compensation and is awarded $100,000. The court would reduce the amount paid out by 75% because they were 75% at fault, which would leave a compensation award of $25,000.

What About When More Than Two People Are Involved in an Accident?

Comparative negligence also applies in cases where there are more than two parties involved, and it applies to both economic and non-economic damages. For example, in a multi-car pile-up involving five drivers, a court might deem that negligence applies as follows:

 

• Driver A: 0% at fault

• Driver B: 10% at fault

• Driver C: 0% at fault

• Driver D: 60% at fault

• Driver E: 30% at fault

 

In this case, all the drivers would have some potential options for seeking compensation for damages, but only drivers A and C would receive 100% of any amount awarded to them. The other drivers would have their awarded amounts reduced by the percentage they were at fault in the incident.

What Does Comparative Negligence Mean for Your Personal Injury Case?

The big takeaway is that if you are partially at fault in an accident, you can still seek compensation. However, the amount you are awarded may be reduced. It’s important to note that comparative negligence is simple in concept and much more complex in practical application.

All plaintiffs in personal injury cases in California carry a burden of proof. This means that you must demonstrate that someone else was at fault, at least to a certain degree, in an accident to win a compensation case. To do that, you must show that the other person had a duty to act (or not act), that they failed to fulfill this duty, and that this failure is at least partially at fault for your losses. You also have to prove your losses, which might involve presenting evidence such as medical records and witness testimony.

If the other person or people involved in the accident claim you were also at fault, this complicates your legal strategy. On top of proving your case—that someone else was at fault and caused your injuries—you may need to defend yourself by demonstrating that you were not at fault or that you were less at fault than the other party claims. By working to reduce the amount of fault that might be assigned to you in a case, you can better protect any award you might win.

Work With an Experienced California Personal Injury Attorney

Comparative negligence is a common consideration in car and truck accidents, but this law principle applies to most types of personal injury cases. If you have been injured in a road accident or any other type of incident, including a premises liability or defective product situation, consider consulting with a personal injury attorney as soon as possible.

An experienced legal team can help you understand what your options are for seeking compensation. They will guide you through the process, make filings on your behalf, and state your case in court. A lawyer also works to protect your rights and ensures you understand whether comparative negligence may be a factor in the case so you can have a proactive strategy for mitigating any impact it might have on your compensation when possible.

To find out more about your options for seeking compensation after a car accident or another personal injury incident, reach out to Thon Beck Vanni Callahan & Powell, A Professional Corporation by calling 626-208-9906 to make an appointment.