California's Comparative Negligence Law: How It Affects Your Claim
California uses pure comparative negligence - you can recover damages even if you're 99% at fault, but your compensation is reduced by your percentage of fault.
If you've been injured in an accident in California, understanding the state's comparative negligence law is crucial to your case. This legal principle can significantly impact the compensation you receive.
What is Comparative Negligence?
California uses pure comparative negligence – you can recover damages even if you're partially at fault for the incident, but your compensation is reduced by your percentage of fault.
How It Works in Practice
Let's say you're in a car accident and suffer $100,000 in damages. If you're found to be 30% at fault and the other driver is 70% at fault, you would be entitled to recover $70,000 (70% of your total damages).
This differs from some states that use "modified comparative negligence," which bars recovery if you're more than 50% or 51% at fault.
Why This Matters for Your Case
The comparative negligence rule means that insurance companies and defense attorneys will try to assign as much fault to you as possible to reduce their payout. They might argue that you were:
- Speeding
- Distracted
- Not paying attention
- Violating traffic laws
How We Fight for Maximum Compensation
At The Baum Law Firm, we work to establish liability and to minimize any fault attributed to our client. Depending on the case, this may include:
- Gathering all available evidence
- Interviewing witnesses
- Working with accident reconstruction experts
- Reviewing police reports critically
- Obtaining surveillance or dashcam footage
Don't Accept Fault Without Legal Advice
Insurance adjusters may try to get you to admit fault early in the process. Never accept responsibility or sign anything without consulting an attorney first. As a general matter, it is always best to speak to an Attorney before giving any type of statement to the adverse party or insurance company.
Contact The Baum Law Firm for a free phone consultation to discuss how comparative negligence might affect your case.
About the Author
Edward Baum is an experienced attorney at The Baum Law Firm, serving Temecula and Riverside County since 1959. Contact us at (951) 200-4265 for a free phone consultation.