How Does California’s Comparative Negligence Rule Affect My Claim?

After an accident in California, you might wonder how your own actions could impact your ability to recover compensation. This is a valid concern, as many accident victims share some degree of responsibility for their injuries. Comparative negligence rules can affect your claim by reducing the amount of compensation you receive.

Our Los Angeles personal injury lawyers explain below how California’s comparative negligence rules work and what they mean for your claim.

Understanding Comparative Negligence In California

California follows a “pure comparative negligence” system when determining compensation in personal injury cases. This legal framework allows you to recover damages even if you were partially at fault for the accident that caused your injuries.

Unlike states with modified comparative negligence systems that bar recovery if you’re more than 50% responsible, California allows recovery regardless of your percentage of fault. This means that even if you were 99% responsible for the accident, you could still recover 1% of your total damages.

The pure comparative negligence system works by:

• Determining the total value of your damages (medical bills, lost wages, pain and suffering)
• Assigning a percentage of fault to each party involved
• Reducing your compensation by your percentage of responsibility

For example, if your total damages amount to $100,000 and you’re found to be 20% at fault, your recovery would be reduced to $80,000. This approach aims to create a fair outcome that acknowledges the reality that accidents often involve multiple contributing factors and varying degrees of responsibility.

How Fault Is Determined In California Cases

Establishing each party’s degree of fault is a critical element in California personal injury cases. This determination directly impacts the compensation you may receive.

Evidence Used to Establish Fault

Various forms of evidence help build a clear picture of responsibility in an accident:

• Police reports documenting officer observations and preliminary fault assessments
• Witness statements from people who saw the accident occur
• Photographs and video of the accident scene, property damage, and injuries
• Expert testimony from accident reconstruction specialists
• Medical records connecting injuries to the specific accident
• Traffic laws or safety regulations that may have been violated

Determining the percentage of fault after any type of accident requires a comprehensive investigation of the circumstances involved. Just as you need evidence to prove that you’re entitled to financial compensation, the other party in your case will need evidence to prove that you were partially at fault.

The strength and thoroughness of this evidence play a crucial role in how fault percentages are assigned. Working with an attorney who knows how to gather and present this evidence properly can significantly impact your case outcome.

Common Factors That Influence Fault Determination

Several key considerations typically affect how fault is apportioned:

• Traffic law violations by any party involved
• Distracted driving behaviors such as texting or phone use
• Failure to take reasonable safety precautions
• Driving under the influence of alcohol or drugs
• Road and weather conditions that may have contributed
• Vehicle maintenance issues that could have affected safety

Each of these factors is weighed to determine how responsibility should be distributed among all parties involved in the accident.

Examples of Comparative Negligence In Different Case Types

Comparative negligence applies across various types of personal injury cases in California, though how it’s applied can vary by case type.

Auto Accident Claims

In vehicle collisions, fault is often shared among multiple drivers. Common scenarios include:

• A speeding driver collides with someone who ran a red light
• A driver fails to yield right of way to someone who wasn’t using headlights at dusk
• A motorist rear-ends another vehicle that stopped suddenly without cause
• A driver making an unsafe lane change collides with someone exceeding the speed limit

In these situations, each driver bears some responsibility for the accident, and compensation would be adjusted accordingly.

Slip and Fall Cases

Property-related accidents often involve shared responsibility:

• A customer slips on a spill in a store but was texting while walking
• A person trips on an uneven sidewalk while running in an area with poor lighting
• Someone falls on unmarked wet stairs while carrying items that blocked their view
• A visitor is injured on poorly maintained steps but ignored warning signs

Both the property owner’s negligence and the visitor’s actions would be considered when determining compensation.

Product Liability Situations

Even in cases involving defective products, user behavior can affect claims:

• A person is injured by a power tool but had removed safety guards
• A medication harms someone but didn’t follow dosage instructions
• A toy injures a child but was using it in a way not intended by the manufacturer
• A consumer is hurt by a device but ignored warning labels

Under California’s products liability laws, someone who designs, manufactures, or sells a defective product is strictly liable for injuries caused by that product – even when that person or company was not negligent. 

However, an accident involving a defective product can partially stem from your negligent actions. In these situations, your award may be reduced based on your share of liability in causing the accident.

How California’s Comparative Negligence Laws Affects Settlement Negotiations

Insurance adjusters often attempt to maximize your percentage of fault to reduce their payout. Common approaches include:

• Highlighting any actions you took that potentially contributed to the accident
• Seeking statements from you that could suggest partial responsibility
• Using social media posts or other statements against you
• Emphasizing minor traffic violations that may have contributed
• Suggesting you could have avoided or minimized the accident

The most important thing to remember is that if you are in an accident, do not admit any fault. You could be mistaken about being at fault, and your admission could greatly hinder your ability to recover damages later on.

Having strong legal representation helps counter these tactics by presenting evidence that accurately portrays your level of responsibility.

Steps to Protect Your Claim Under Comparative Negligence

There are several important actions you can take to strengthen your position in a comparative negligence case.

After an Accident Occurs

The steps you take immediately following an accident can significantly impact fault determination:

• Report the accident to the police and obtain an official report
• Seek medical attention promptly, even for seemingly minor injuries
• Document the accident scene with photos and videos if possible
• Gather contact information from witnesses
• Avoid making statements about fault to anyone at the scene

These initial actions create official records and preserve evidence that may be crucial in establishing the proper distribution of fault.

During the Claims Process

As your claim progresses, continue to protect your interests by:

• Following all medical advice and treatment recommendations
• Maintaining records of all accident-related expenses
• Limiting discussion of your case, especially on social media
• Referring insurance company inquiries to your attorney
• Being consistent in your description of how the accident occurred

In any case, the other party’s insurance company is going to try to lay all the blame on you no matter what. This is why you should hire a personal injury attorney to investigate the case, gather evidence in your favor, safeguard your rights, and fight for the highest payout possible for you.

These ongoing actions help prevent issues that could increase your percentage of fault or reduce the value of your claim.

How Legal Representation Can Help Minimize Your Fault Percentage

Working with an attorney experienced in California’s comparative negligence law can significantly affect your claim for the better. An attorney helps protect your interests by:

• Conducting a thorough investigation to establish an accurate fault assessment
• Gathering compelling evidence that supports your version of events
• Identifying all potentially liable parties to distribute fault appropriately
• Countering insurance company attempts to inflate your percentage of responsibility
• Negotiating effectively based on proper fault attribution

By building evidence, you can counter excessive claims by the defendants and capitalize on the state’s comparative negligence doctrine to maximize your settlement.

Legal representation is particularly valuable in cases where fault is disputed or where multiple parties share responsibility. Your attorney can focus on building the strongest possible case while you concentrate on recovery.

If you’ve been injured in California and are unsure of whether you’re entitled to compensation, it’s best to speak with a skilled personal injury attorney who understands the state’s rules on pure comparative negligence.

Learn How California’s Comparative Negligence Laws May Affect Your Compensation

California’s pure comparative negligence system allows you to recover compensation even when you share responsibility for an accident, though your percentage of fault will reduce your recovery.

While shared fault does complicate personal injury claims, working with attorneys who understand how California’s comparative negligence rules can affect your compensation can help ensure you receive fair treatment throughout the claims process. 

Contact us today for a free consultation to discuss how comparative negligence might affect your specific case and how we can help you secure the compensation you deserve.