Comparative negligence is a system used in many states to determine the relative liability of plaintiffs and defendants, along with the damages available to them, in a car accident claim. Read on to discover whether the state of California follows comparative negligence law and how a seasoned San Mateo County, California car accident lawyer at the Law Offices of Allister R. Liao can help you assign fault.
Does the state of California follow comparative negligence law?
The short answer is, yes, the state of California follows comparative negligence law. But more specifically, this is pure comparative negligence law. Meaning, a plaintiff is allowed to seek an award for their incurred damages regardless of what percentage of fault they were for their car accident. Other states that follow this law include Alaska, Arizona, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington.
As an example, even if a plaintiff is assigned 99 percent of the fault, they are still eligible for financial compensation. Though, this compensation will only cover one percent of their incurred damages.
This law is much less restrictive than modified comparative negligence law. This law only allows a plaintiff to seek an award for their incurred damages if they were partially at fault for their car accident. So, if a plaintiff is assigned 49 percent of the fault, they are eligible to bring forward a claim. But if a plaintiff is given 51 percent of the fault, they will recover zero percent of their incurred damages.
What other laws should I be aware of?
Regardless of how much you were to blame, you should consider filing a claim. But like any other personal injury claim, you must be aware of the statute of limitations for your car accident claim.
In the state of California, this deadline is generally two years. In other words, you will have two years from the date when your accident occurred to take this action. You must keep in mind that it will take time to gather the evidence that you need for your claim. What’s more, you may get easily preoccupied with treating your injuries.
But if you miss this deadline, you will indefinitely miss out on your opportunity to recover your incurred damages and attain justice. So, do not let this time slip you by. As soon as you get the chance, reach out to a competent San Mateo County, California motor vehicle accident lawyer. We look forward to hearing from you.
