In California, car accident compensation isn’t an “all or nothing” matter. The state follows a pure comparative negligence rule, allowing accident victims to seek compensation even if they’re partially at fault. Understanding how comparative negligence works can be essential to maximizing your recovery.
What is Comparative Negligence?
Comparative negligence means that each party involved in an accident is assigned a percentage of fault based on their actions. California’s “pure” comparative negligence system allows you to recover damages even if you’re mostly responsible for the accident, although your compensation is reduced by your degree of fault. For example, if you’re found to be 30% at fault for the accident and the other driver 70%, you can still recover 70% of your total damages.
How Fault is Determined in California Car Accidents
Fault is generally determined by insurance adjusters, or, if the case goes to court, by a judge or jury. This determination is based on evidence, including accident reports, witness statements, traffic laws, and any available surveillance footage. California’s comparative negligence law is applied to many types of accidents, including those involving multiple vehicles, pedestrian accidents, and cyclist accidents.
How Comparative Negligence Affects Compensation
The amount of compensation you can receive is directly related to your level of fault. For instance:
- If you have $10,000 in damages and are found 20% at fault, your award is reduced by 20%, so you would receive $8,000.
- If you’re 50% at fault, you’ll receive half of your damages.
This system allows fair compensation for each party based on their contribution to the accident.
Why Legal Representation is Essential
Insurance companies may try to shift a larger percentage of fault onto you to minimize your payout. An experienced car accident attorney can help gather evidence, negotiate with insurers, and argue on your behalf to reduce your assigned fault and maximize your compensation.
Understanding California’s comparative negligence rule can help you make informed decisions and protect your right to fair compensation. Contact us today for a free consultation to discuss your case and learn how we can advocate for your best outcome, even if you share some responsibility in the accident.