California follows what is known as the “Pure Comparative Negligence” standard. Under this standard, a Plaintiff can recover damages for the negligence of another person, even if the Plaintiff is 99% at fault and the Defendant is only 1% of fault! Therefore, as long as there is negligence on the part of the other party, a Plaintiff will be able to recover, even if the Plaintiff is negligent as well.
However, under a “Pure Comparative Negligence” standard, the Plaintiff’s damages will be reduced by the Plaintiff’s percentage of fault. For instance, if a Plaintiff is 60% responsible for an accident, and his damages are $1000, then the Plaintiff will only be entitled to an award of 40% of his damages, which would be $400.
California comparative fault for car accidents resulting in injury comes into play in many cases. In some accidents it is difficult for officers on the scene to assess fault for the accident. It may be necessary to obtain video from public cameras and other evidence. This is why it is important to be represented by a trial attorney with more than 40 years of experience if you are injured in a car accident in Mission Viejo, Irvine or anywhere in Orange County.
Accordingly, based on California Comparative Fault laws, even if you have contributed to an accident, you can still receive compensation for your claims, albeit reduced by the percentage of your own negligence. This is important to note, because often times in very serious accidents resulting in injuries, drivers have contributed partially to the accident, but there are still other responsible parties.
We invite you to contact us or call 949-305-1400 for a free consultation to learn more about how we can protect your rights and ensure you receive fair compensation for what has happened.