When you’re involved in a car accident in California, the process of determining fault can be complicated. Even if you believe the other driver was entirely to blame, California law operates under a system of comparative negligence, meaning that both parties may share some degree of fault. Understanding how comparative negligence works is crucial for anyone seeking compensation after a car accident, as it can significantly impact the amount you receive in a settlement or lawsuit.
What is Comparative Negligence?
Comparative negligence is a legal doctrine that allows fault to be divided among all parties involved in an accident based on their level of responsibility. In states like California, which follow a pure comparative negligence system, even if you are partially at fault for an accident, you can still recover damages. However, your compensation will be reduced by the percentage of your fault.
For example, if you are found to be 20% responsible for an accident and the other driver is 80% at fault, you can still recover 80% of the damages you would have otherwise received. If your total damages amounted to $100,000, you would be able to collect $80,000 under California’s comparative negligence law.
How Comparative Negligence Works in California
In California’s pure comparative negligence system, you can pursue compensation even if you are up to 99% at fault for the accident. This is different from other states that follow a modified comparative negligence rule, where you can only recover damages if you are less than 50% at fault. In California, the courts assign a percentage of fault to each party based on the circumstances surrounding the accident. This percentage then directly impacts the amount of compensation you’re entitled to.
How Comparative Negligence Affects Car Accident Claims
When filing a car accident claim in California, comparative negligence can affect various aspects of the process, including the following.
Negotiating with Insurance Companies
Insurance companies are well aware of California’s comparative negligence laws, and they will use them to their advantage to reduce the amount they have to pay out. If the other driver’s insurance company believes you share any responsibility for the accident, they will argue that your compensation should be reduced. In some cases, they may exaggerate your role in the accident to minimize their liability. It’s crucial to have an experienced attorney to negotiate on your behalf to ensure you aren’t unfairly assigned more fault than you deserve.
Impact on Settlement Offers
Your percentage of fault will directly affect any settlement offer you receive. If the other party’s insurer or attorney argues that you were partly responsible, they will likely reduce their initial settlement offer by the percentage they believe you are at fault. For example, if they believe you are 30% responsible for the accident, they will only offer 70% of the total damages you’re seeking. Having a lawyer review the settlement offer and challenge any inflated percentage of fault can ensure you receive fair compensation.
Court Proceedings and Jury Verdicts
If your case goes to court, the jury will hear evidence from both sides before determining the percentage of fault for each party. California’s pure comparative negligence rule means that the jury can assign any proportion of fault to each driver. The judge will then adjust the awarded damages based on these percentages. A well-prepared case can help reduce the percentage of fault assigned to you, which in turn maximizes your potential recovery.
Key Factors That Influence Fault in Car Accident Claims
Several factors can influence how fault is determined in a car accident claim, and ultimately how comparative negligence is applied.
- Speeding: If you were driving above the speed limit at the time of the accident, you may be assigned a percentage of fault for contributing to the collision’s severity.
- Distracted Driving: If there’s evidence that you were texting, talking on the phone, or otherwise distracted while driving, it could increase your percentage of fault.
- Running Traffic Lights or Stop Signs: Failure to obey traffic signals is often seen as a significant factor in determining fault.
- Failure to Yield: If you failed to yield the right of way when required, this could be used against you in assigning fault.
- Impairment: If you were driving under the influence of alcohol or drugs, you are likely to be assigned a higher percentage of fault, even if the other driver shares responsibility for the accident.
How to Protect Your Claim in a Comparative Negligence System
Navigating the complexities of a car accident claim in California’s comparative negligence system can be challenging. Here are a few tips to protect your rights and maximize your compensation.
- Gather Evidence: Collect as much evidence as possible at the scene of the accident, including photos, witness statements, and the police report.
- Seek Medical Attention: Make sure to document your injuries and any treatment you receive. This can help establish the extent of the damages you are claiming.
- Consult with an Attorney: An experienced Visalia car accident attorney will help you navigate the legal system and protect your rights throughout the claims process.
- Avoid Admitting Fault: Even casual statements like “I didn’t see them” or “I should have been paying more attention” can be used against you. Let the investigators determine fault based on the evidence.
