Understanding California's Comparative Negligence Law What You Need to Know

1. Understanding California's Comparative Negligence Law: What You Need to Know Accidents happen every day, and when they do, determining fault can be a complicated and stressful process. If you’ve been involved in an accident in California, you might have heard of the term “comparative negligence.” Understanding this legal concept can significantly impact your ability to recover compensation for your injuries and damages. In this blog article, we’ll break down California’s comparative negligence law, how it works, and what it means for your personal injury case. What Is Comparative Negligence? Comparative negligence is a legal doctrine used to determine the degree of fault each party holds in an accident. In California, the law follows a “pure comparative negligence” system. This means that even if you are partially at fault for the accident, you can still recover compensation for your damages. However, your recovery will be reduced by your percentage of fault. For example, if you are found 20% at fault for an accident, your compensation will be reduced by 20%. If your total damages amount to $100,000, you would be eligible to receive $80,000.

2. How Is Fault Determined? In personal injury cases, fault is typically determined through evidence such as: Police reports Eyewitness testimony Surveillance footage Expert analysis (e.g., accident reconstruction) The insurance companies, personal injury attorneys, or a court will analyze this evidence to assign a percentage of fault to each party. It is crucial to work with a knowledgeable attorney to ensure your percentage of fault is minimized and you recover the maximum compensation possible. How Comparative Negligence Impacts Personal Injury Cases In various types of personal injury cases, the comparative negligence rule plays a significant role in determining the compensation amount. Some of the most common scenarios where comparative negligence arises include: Car accidents Slip and fall cases Product liability cases Car Accidents One of the most common scenarios where comparative negligence applies is in car accidents. Let’s say you were hit by a speeding driver, but you were texting while driving. The court might determine that you were 30% at fault for the accident. In this case, you can still recover 70% of your damages. Slip and Fall Cases In slip and fall accidents, property owners often argue that the injured person was partially at fault for not paying attention to warning signs or obvious hazards. If you’re found partially responsible, your compensation will be adjusted accordingly. Product Liability Cases If you were injured by a defective product but didn’t use the product as intended, the manufacturer may argue that you share some responsibility. Comparative negligence will be applied to determine your compensation. Why Hiring an Attorney Is Essential Navigating California’s comparative negligence law can be complex. Insurance companies often try to assign you a higher percentage of fault to minimize their payouts. An experienced personal injury attorney will:

3. Gather and present compelling evidence to reduce your percentage of fault. Negotiate aggressively with insurance companies on your behalf. Ensure you receive the compensation you deserve for your medical bills, lost wages, and pain and suffering. FAQs About Comparative Negligence in California 1. Can I still sue if I was mostly at fault for the accident? Yes. Under California’s pure comparative negligence rule, you can sue even if you are 99% at fault. However, your compensation will be significantly reduced. 2. How do I prove the other party was more at fault? Gathering evidence like photos, videos, witness statements, and expert testimony can help establish the other party’s negligence. Your attorney will also play a critical role in building a strong case. 3. What happens if the other party doesn’t have insurance? If the other party is uninsured, you may need to rely on your uninsured/underinsured motorist coverage or explore other avenues for compensation with the help of an attorney. Getting Started with Professional Legal Help If you’ve been injured in an accident, understanding your legal rights is crucial. At the Law Offices of Ramtin Sadighim, our attorneys specialize in personal injury cases and have extensive experience navigating California’s comparative negligence laws. Schedule a free consultation today to discuss your case and learn how we can help you recover the compensation you deserve. Call us at 888-999-8744 or fill out our online form to get started.