California is a pure comparative fault state. California's comparative fault law, also known as comparative negligence, means a person injured in an accident can still recover damages if they are partially to blame in a California car accident.
Comparative Fault Laws & California Car Accidents:
As a pure comparative fault state, people in California can seek to recover damages even if they are 90% or 99% at fault in an accident. In comparison, the modified comparative fault doctrine used in other states prohibits victims from seeking damages if they are 50% or more at fault for an accident. Under California's comparative fault law, an individual who is injured in an accident and partially responsible for that same accident isn't liable for covering all the costs of the accident and associated damages; they're only liable for covering the percentage for which they were at fault. For example, if one party in an accident is 30% at fault for a car accident, that party's liability is limited to 30% of the damages. So they can seek recovery for the other 70%.
Determining Liability in a California Car Accident:
In a California car accident case, the jury decides what percentage of fault the plaintiff holds for the accident; and, therefore, what percentage of the damages they're responsible for covering. The jury must ask what percentage of the plaintiff's negligence contributed to their injuries. The plaintiff's percentage of fault reduces the damages awarded in the case; by an equal amount. Car accidents are one of California's most common types of comparative fault claims.
Why Are Car Accidents Among the Most Common Types of California Comparative Fault Claims?
California car accidents often involve multiple parties and often have various causes contributing to the accident. The number of people and factors involved means numerous parties are frequently found liable or partially liable. Accidents involving a DUI driver, bus accidents, ridesharing accidents, trucking accidents, and head-on accidents are all likely to be comparative fault claims. In these accidents, parties frequently point fingers at each other, claiming others were at fault.
If you are injured and need to file a California car accident claim, contact Moss Bollinger, Sherman Oaks, California personal injury attorney. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation, or contact us online.