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100 Most Influential Lawyers in America
– the National Law Journal

Recovering compensation when you were partly at fault

On Behalf of | Jul 26, 2024 | Personal Injury

Most Californians understand that if they are injured by a negligent driver, they can hold that driver liable for their damages. For example, if you’re stopped at a red light when a careless driver fails to apply the brakes and smashes into your car, you can file a lawsuit to force that driver to compensate you for your medical bills and other damages.

In this example of the accident at the red light, the question of fault is straightforward, but in many accidents it’s not so clear. In some cases, it’s hard to tell who caused the accident. And in others, two or more drivers may have contributed to the accident through their negligence.

If you were in one of these more complicated accidents, you may wonder if you can recover compensation if you were partly at fault for the accident in which you were hurt. The answer lies in California’s law of comparative negligence.

In this blog post, we’ll discuss this area of personal injury law and how it might apply to your case.

Contributory negligence and comparative negligence

Most personal injury lawsuits are based on the concept of negligence. Under this legal theory, everyone owes a duty of care to minimize the risk of hurting other people. If you breach this duty by acting carelessly, you commit negligence. If, by your negligence, you cause harm to another person, you can be held liable for their damages.

Traditionally, injured people were barred from recovering compensation if they contributed any of the fault for the accident. For example, if you forget to turn on your headlights after sundown, you have committed negligence. If you are then were struck by a careless driver, a court might find that your negligence (failing to turn on your headlights) bars you from recovering any compensation from the other driver. This harsh law is known as contributory negligence, and it’s still on the books in several states.

However, most states have developed other ways to deal with this type of scenario. California uses a system known as pure comparative negligence. Under California law, an injured person who was partly at fault can recover compensation, but their compensation must be reduced in proportion to their share of fault.

How it works

In a pure comparative negligence case involving a car accident, a California court reviews the evidence and determines the percentage of fault of each driver.

For example, the court might determine that Driver A was 20% at fault and Driver B was 80% at fault. In such a case, Driver A can file a lawsuit against Driver B, but their award of damages must be reduced by 20%. If they suffered $100,000 in damages, they can collect only $80,000.

In theory, Driver B could also file a lawsuit against Driver A, but Driver B’s damages would be reduced by 80%.

There is more

This has been an introductory look at comparative negligence in California. The law itself can be complicated, and applying it to the unique facts of any one case can require painstaking work.

That said, comparative negligence can be a crucial factor in many personal injury lawsuits, particularly motor vehicle accident cases. Those who are considering legal action should seek out professional advice to learn how comparative negligence might apply to the facts of their cases.