When you’re involved in a car crash, the other party’s negligence is one of the key things that has to be proven to make a claim.
What if you’re also partially responsible for the crash? What if you contributed to your own injuries in some other way? Understanding how California’s negligence laws work is essential because they directly affect your right to recover compensation for your losses.
Pure comparative negligence is the rule in California
California is a pure comparative negligence state, which means that you can make a claim for your losses against a negligent party no matter how you may have contributed to the crash. However, any compensation you are awarded will be reduced according to the percentage of your fault.
How does that work? Well, imagine that you are in a crash and – after everything is resolved – you have $100,000 in losses between your medical bills, lost wages, property damage and more. However, you’re found to be 30% responsible for your own losses, so your compensation is reduced by 30%. You only receive $70,000.
When is this likely to be an issue? Sometimes, the negligence is clear. A driver may run a red light, slide through a stop sign or rear-end another driver when they weren’t paying attention. Other times, however, the fault may be murky. The court may want to know, for example, if your injuries would have been much less severe if you’d been wearing your seatbelt at the time of the accident.
Because any hint of error on your part can be used against you to minimize your claim, it’s always wisest to seek legal assistance before you talk to the other party’s insurer or any other representatives.
