In California, comparative negligence is a legal principle that applies to car accidents. It means that if two or more parties are involved in an accident, both parties are found to have contributed to the accident somehow. Each party’s degree of fault will be determined and used to apportion liability and damages.
Learn more about how this impacts your California car accident claim here.
How does comparative negligence work?
An example of comparative negligence would be if you are involved in an accident with another driver and both acted negligently. You may be determined to be 30% at fault, while the other driver is considered 70% at fault. In this situation, the damages awarded will be reduced by 30% for you and 70% for the second driver. If your settlement award is $100,000, you would only receive $70,000.
This means that you can still receive compensation; however, the amount you receive is reduced by your percentage of fault.
Why does California use comparative negligence?
Comparative negligence is used in California to ensure that each party is held responsible for their share of the fault in the accident rather than assigning all of the blame to one party. This can help to ensure a fair outcome for everyone involved in the accident.
Understanding your rights after a California car accident
The aftermath can be confusing and chaotic if you are involved in a car accident. You may wonder what options you have and if you can recover compensation. Knowing your legal rights and how the system works can help you better understand what you are entitled to after a car accident.
