What is Comparative Negligence?
You may have just been in an accident, and now you’re dealing with a multitude of expenses, painful injuries, and you’re also unable to work. A personal injury claim sounds like the best way to recover damages, but you may have had some fault in the accident. So now what can you do?
California allows injured citizens to file a personal injury lawsuit and recover damages thanks to the comparative negligence doctrine. Keep reading to learn more about what comparative negligence is, what this means for your compensation, and how California personal injury lawyers fight for you!
Don’t let some fault keep you from pursuing justice. Contact BD&J to get started on your claim today!
Key Takeaways
- Many people are put off from filing personal injury claims if they had some fault for their injuries
- Comparative negligence is a legal doctrine that allows injured individuals to pursue compensation after an accident, even if they were deemed negligent or reckless as well
- Common examples where this doctrine works would be a motorcyclist injured and not wearing a helmet, drivers and passengers not wearing seatbelts at the time of an accident, and more
- BD&J California personal injury attorneys are ready to represent your claim for damages
What is Comparative Negligence in California?
The basis of every personal injury claim is proving someone else’s liability for your accident and ensuing damages. However, everyone makes mistakes, so what can you do when a mistake or negligent act on your part also contributes to your accident and injuries?
California recognizes the legal doctrine of pure comparative negligence. This means that even while a plaintiff had some fault in their accident, the doctrine allows them to recover partial compensation for ensuing damages.
How Much Compensation Can You Obtain Even if You Were Found to Have Some Fault in an Accident?
When you’re found to have some degree of fault for an accident, you’re assigned a percentage of fault in your claim.
As an example, say you were involved in a car accident involving a drunk driver and suffered a spinal cord injury, but weren’t wearing your seatbelt while in the vehicle. Because the lack of a seat belt led to greater impact and trauma, you are assigned 15% of fault for your injuries.
If you’re awarded $300,000 in compensation, you would be receiving $255,000 after 15% is subtracted. Even if you’re found to be 99% at fault for an accident, you can still pursue compensation. Just be prepared to see the percentage of fault reduce the final settlement amount.
Common Scenarios Where Comparative Negligence Works
California sees serious injury accidents happen every day, with over 49,000 serious injury vehicle crashes recorded in the last 3 years, according to TIMS.
But where and how can comparative negligence come into play within different accidents? A couple of the most common scenarios where the comparative negligence doctrine is used include:
- A motorcyclist injured in an accident with an impaired driver and not using a helmet
- A pedestrian who crossed a road without right of way and was impacted by a speeding driver
- A driver who failed to yield when turning left and colliding with an oncoming speeding car
- A premises liability accident where a distracted shopper slipped on a spill while at a shopping mall or grocery store that did not have a sign around it or was ignored by the business’s employees and supervisors
- One car rear-ending another car that braked abruptly due to a distracted driver
Pure comparative negligence is used in these scenarios because regardless of the details, another party’s negligent or reckless acts still breached their duty of care and resulted in your accident.
Does Every State Recognize Pure Comparative Negligence?
No, not every state recognizes pure comparative negligence. As it stands, the only states that recognize this law include:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
Pure comparative negligence is not available to many states, but fortunately California is one of the few.
How Do California Personal Injury Lawyers Fight for Your Compensation with Comparative Negligence?
If you made a mistake or acted in a reckless or negligent manner that further aggravated your injuries in an accident, this doesn’t prevent you from recovering compensation for damages. Another party’s reckless or negligent acts still led to the accident, and you are entitled to obtain compensation for injuries and other losses.
A California personal injury lawyer can help you in the pursuit of compensation. They can:
- File your claim within the proper jurisdiction
- Use specialized attorney resources to provide further evidence for your claim, including accident reconstruction software and expert witness testimonies
- Appeal denied insurance claims
- Communicate with other legal teams and insurance companies on your behalf
- Fight for you against defendant claims if they allege you are fully liable for an accident
- Advance your case costs through a contingency fee basis with no upfront fees* to allow you to pursue legal justice without financial stress
3 Things to Avoid After an Accident that Could Raise Your Liability
Mistakes happen, and a moment of negligence can still place you at some degree of fault. However, there are some things you want to avoid that could raise your portion of liability, especially if you know you’ll be pursuing a legal claim.
Be sure to avoid:
- Admitting fault after an accident by apologizing or saying other apologetic phrases, such as “I didn’t see you there” or “I should’ve been paying attention”.
- Skipping immediate medical attention, as this can worsen your injuries and also fail to document them for a legal claim.
- Talking to insurance companies immediately after an accident and without an attorney as this can often lead to your words being used against you by a claims adjuster for lowered compensation.
Frequently Asked Questions
How Long Do I Have to File a Personal Injury Claim in California?
You have 2 years from the date of your accident to file a claim. If your claim is against a government entity, you have 6 months from the date of injury to file a claim.
Can I File a Claim Even if I Didn’t Call the Police After My Accident?
If you were involved in a vehicle accident or similar but failed to notify the police, you can still file a claim. Speak with a California personal injury lawyer to learn more about how to do it.
What’s the Difference Between Pure Comparative Negligence and Modified Comparative Negligence?
Pure comparative negligence means a person can recover damages even if they are found to be 99% at fault for an accident. Modified comparative negligence means a person can only recover damages if they’re found to be under a certain percentage of fault, often under 50% or 51%.
What is Assumption of Risk?
Assumption of risk is a legal doctrine that often bars injured people from seeking compensation after an accident in which they engaged in an activity with the knowledge of possible injury risks. For example, engaging in extreme sports, occupational hazards, riding high-speed rollercoasters, etc.
This is why many businesses or organizations provide liability waivers for people to sign.
Am I Liable if I Signed a Waiver Before the Incident that Caused My Injuries?
This is where comparative negligence is often used as well, as there are a few circumstances in which a signed waiver doesn’t place complete liability on you for an accident. If there was intentional misconduct, gross negligence, misrepresentation of harm, or you weren’t made aware of certain risks, you may still be able to file a suit.
What if an Insurance Company Denies My Claim for Fault?
A claim denial from an insurance company doesn’t completely end your chances of compensation. A California personal injury attorney can help.
Will BD&J Take on My Case Even if I Had Some Fault?
Absolutely! Our dedicated personal injury law firm has been fighting for the rights of injured Californians since our establishment in 2007.
We’ve recovered more than $3 billion* in compensation for clients, and we’re always prepared to represent clients in the fight against insurance companies and big legal teams.
Are BD&J Attorneys Bilingual?
Yes, you can connect with our attorneys who are fluent in English, Spanish, French, Russian, Armenian, Hebrew, Farsi, and Arabic.
How To Begin a Personal Injury Claim
Get started on your personal injury claim with the following steps:
- Gather available evidence. – This can include medical records, repair invoices, pay stubs to verify employment, photos and videos of the accident scene, and a police report if available.
- Find a personal injury attorney. – Asking friends and family, using law directories, and reading client results and testimonials can bring you one step closer to finding the law firm you want to work with.
- Schedule your initial consultation with an attorney. – Any reputable law firm will offer free initial consultations for you to connect with an attorney and learn more about the legal process for your specific case.
- Bring questions to your consultation. – Remember, the attorney is on your side, so don’t be afraid to share any questions or doubts with them during your consultation.
Comparative Negligence Allows Injured Californians to Recover Damages with the Help of a Personal Injury Attorney
Pure comparative negligence grants injured plaintiffs in California the opportunity to recover damages after an accident, even if they had some fault in the events.
Hold other responsible parties legally accountable with the help of a personal injury attorney in California from BD&J. Our team is available 24/7 by phone or through our online form to assist you with any legal doubts you may have.
Call us at 805-966-3699 to get started and stay in the know about all personal injury matters by following our social media channels!