Car accidents are stressful, and the legal process afterward can be confusing, especially when questions of fault arise. If you’ve been injured in an accident in California and worry that you may share some of the blame, understanding the state’s specific legal approach is crucial. To better understand whether you can recover damages even if you’re partly liable, continue reading and schedule your free consultation with a knowledgeable San Mateo County, California car accident lawyer today.
What is Comparative Negligence?
Comparative negligence is a legal principle used to assign fault and financial responsibility in personal injury cases. It acknowledges that multiple parties may share blame for an accident and allows the outcome of a case to reflect this fact. Incidents are rarely black and white, so comparative negligence helps ensure a fair outcome. However, it’s important to note that, under this system, a person’s compensation for injuries is reduced by the percentage of fault they are assigned.
How is Fault Determined?
The process of determining fault begins immediately at the scene of the accident. Law enforcement officers investigate and document the incident, often issuing a citation if a traffic law was violated. Insurance adjusters then conduct their own review, relying heavily on the police report, witness statements, and physical evidence to assign preliminary fault percentages. If the case proceeds to litigation, the final determination of fault will be made by a judge or jury based on the evidence presented.
Fault is established by gathering and analyzing a wide array of evidence. Important documentation includes the official police accident report, which contains the officer’s assessment of the scene and any citations issued. In addition, photographs and video footage from the accident site, along with vehicle damage reports, provide crucial physical evidence. Witness testimonies, medical records documenting injuries, and even the drivers’ cell phone records or black box data can be used to reconstruct the sequence of events and assign liability.
Can I Recover Damages if I’m Partly Liable for a Car Accident in CA?
Under California’s system of pure comparative negligence, yes, you can recover damages even if you are partly liable for a car accident. This is an important distinction from modified comparative negligence states that bar recovery once an individual’s fault reaches 50% or more.
California law allows an injured party to recover damages even if they are primarily at fault, as long as another party also shares some legal responsibility. You may be able to recover compensation even if you are 99% liable. However, your financial recovery will be reduced by your percentage of assigned fault. For example, if a court determines your total damages are $100,000 but assigns you 20% of the blame for the accident, your maximum recoverable compensation will be $80,000. The system aims to ensure that each party is held financially responsible for the portion of harm they caused.
For more information and to secure the help of a skilled legal professional during your case, contact the Law Office of Allister R. Liao, P.C. today.