Understanding Comparative Negligence in California Personal Injury Cases
December 21, 2024- Categories: Personal Injury
Accidents happen in the blink of an eye; in that chaotic moment, it’s often difficult to pinpoint exactly who is at fault. You’re driving through an intersection when another car unexpectedly runs a red light and collides with you. You might think the other driver is entirely to blame, but what if you were slightly over the speed limit? In California, situations like these are assessed under the pure comparative negligence rule, which acknowledges that in real life, fault isn’t always clear-cut.
In California, determining fault in personal injury cases isn’t always black and white. Instead, the state follows a system that can assign a percentage of fault to each party involved. This system, known as California’s pure comparative negligence rule, ensures that even if you are partially at fault, you can still recover damages – though your compensation will be adjusted based on your share of the blame.
Need our help? Don’t hesitate to reach out today at 888-407-2955. We can assist you in your injury claim.
California’s Pure Comparative Negligence Rule
When you’re involved in an accident in California, figuring out who is responsible—and to what extent—can significantly influence the outcome of your injury claim. This is where California’s comparative negligence rule comes into play.
Comparative negligence is a legal principle that allocates fault among all parties involved in an accident based on their level of responsibility for the incident. Under this principle, a victim’s compensation is reduced according to the degree of fault. In other words, the amount a victim can recover is reduced by the percentage of their negligence.
California follows a pure comparative negligence doctrine. This means that even if an individual is 99% at fault for an accident, they can still seek compensation for the remaining 1% of their damages.
Common Scenarios Where Comparative Negligence Applies
Comparative negligence can come into play in various everyday situations where multiple parties might share the blame. Here are a few common scenarios:
- Car Accidents: Imagine a situation where two drivers collide at an intersection. One driver might have been speeding, while the other failed to yield the right of way. In this case, both drivers share some fault, and their level of responsibility will be assessed to determine the final compensation.
- Slip and Fall Accidents: Imagine walking through a grocery store when you suddenly slip on a wet floor. The store might be partially at fault for not putting up a warning sign, but if you were also texting and not paying attention, your actions contributed to the accident. The degree of your distraction versus the store’s negligence will affect the outcome.
- Bicycle Accidents: You’re riding your bike on a busy street, and a car suddenly turns in front of you without signaling. However, you were also riding in the wrong lane. In such a case, both you and the car driver could be found partially responsible for the accident, and any compensation you receive would reflect that shared responsibility.
- Workplace Accidents: These can involve scenarios where both the employer and the employee may be at fault. Maybe the employer didn’t provide proper safety equipment, but the employee was not following the established safety protocols.
- Product Liability Cases: In situations involving malfunctioning products, the manufacturer might be at fault for a defective product, but the consumer could also be at fault for using it in a way that was not intended.
Proving Fault in Comparative Negligence Cases
Proving fault in a comparative negligence case involves more than just stating your side of the story. It requires a strategic and evidence-based approach to show how the other party’s actions or inactions contributed to the accident. This process involves:
1. Gathering Evidence
Start by collecting as much evidence as possible. This includes photos from the accident scene, witness statements, and official reports like police and accident reports.
2. Consulting Experts
Sometimes, you need a clearer picture of what happened. Accident reconstruction experts can help provide this by analyzing the evidence and explaining the dynamics of the accident.
3. Reviewing Police and Medical Reports
Police reports can provide an objective view of the incident. Medical records will link your injuries directly to the accident
4. Documenting Injuries and Damages
Keep detailed records of all injuries and damages. Medical reports, bills, and expert opinions on your injuries are vital.
5. Demonstrating Negligence
Use the collected information to show how the other party’s actions (or lack thereof) led to the accident. Proving this aspect is essential for attributing fault.
What Kind of Damages Can I Recover in a Personal Injury Case?
Personal injury cases aim to make you whole again by covering both the economic and non-economic losses you’ve suffered. Here’s a breakdown of the types of damages you might recover in a personal injury case.
- Medical Expenses: Costs for emergency care, hospital stays, doctor visits, physical therapy, medications, and any future medical care related to your injuries.
- Lost Wages: Compensation for the income you lost while recovering from your injuries. This also covers loss of earning capacity if your injuries prevent you from making as much money as you did before the accident.
- Property Damage: Reimbursement for repairs or replacement of any property damaged during the incident, like your car in an auto accident.
- Pain and Suffering: This compensates you for the physical pain and emotional pain caused by the injury. This is often more challenging to quantify but is a crucial part of your compensation.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying daily hobbies or activities that were part of your life before the accident.
- Loss of Consortium: Typically applicable in cases where injuries have affected the physical or emotional relationship with a spouse.
- Punitive Damages: In situations where the defendant’s behavior was reckless or egregious (California Civil Code Section 3294), the court may award punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future.
What If Multiple Parties Are Responsible for Your Losses?
When multiple parties contribute to your losses, the process of obtaining fair compensation becomes more complex. For instance, if you are found 10 percent at fault in an accident, the two other parties are each considered 45 percent liable.
At this point, it’s important to differentiate between your economic and non-economic losses. Economic losses are those that directly affect your finances, like medical expenses and lost income. Non-economic losses, on the other hand, affect you in different ways, such as pain and suffering, emotional distress, and reduced quality of life.
In terms of economic losses, California applies the “joint and several liability” rule. This allows you to recover 90 percent of your economic damages from any one of the other parties, regardless of their percentage of fault. For non-economic losses, however, you would need to claim 45 percent from each of the other parties involved.
The Role of Personal Injury Attorneys in Comparative Negligence Cases
We understand that dealing with the injuries of an accident can be overwhelming. You’re likely facing medical bills, lost wages, and the stress of recovery. Here’s how our experienced personal injury attorneys can assist you every step of the way:
Thorough Investigation
Building a strong case requires a solid foundation of facts. Our team will conduct a detailed investigation to gather all necessary evidence. This includes obtaining police and accident reports, interviewing witnesses, and working with experts such as medical professionals and accident reconstruction experts. By thoroughly preparing, we ensure that we have a robust argument to support your claim.
Skilled Negotiation
Insurance companies try to minimize their payouts by assigning you a higher percentage of fault. We have extensive experience negotiating with insurers and will fight to ensure they treat you fairly. Our goal is to maximize your compensation so you can focus on your recovery.
Aggressive Representation
If your case goes to court, you can count on us to stand by your side. Our California personal injury attorneys are seasoned litigators who will present a case to the judge and jury, aiming to reduce your fault percentage and secure the best possible outcome for you.
Contact Us Today for a Free Consultation
At Neale & Fhima, we know how overwhelming and confusing personal injury cases can be, especially when fault is shared. We’re here to help you navigate these complexities and fight for the compensation you deserve.
Contact our California personal injury attorneys at 888-407-2955 for a free consultation.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
