One of the first stages in obtaining financial compensation after being hurt in an accident is demonstrating that someone else was to blame. According to California law, you are entitled to monetary compensation if you were injured due to someone else's negligence.
Most personal injury lawsuits, including those resulting from car accidents, slips and falls, and other accidents, are based on California's negligence legislation.
What happens if you're partially at fault for the accident? Will you lose the eligibility to sue someone in a personal injury claim in California? Will you be forced to pay for all the expenses?
Here's what our experienced California injury attorneys have to say:
What Is "Comparative Fault" In California Injury Law?
California's comparative negligence statute applies when two or more persons are jointly responsible for an accident. According to this rule, a person may still seek financial compensation even if they contributed to an accident in some small way. Pure comparative negligence allows for the filing of claims even when a party is 99 percent at blame for an incident.
So, you shouldn't hesitate to contact a California injury attorney, even if you think you were partially at fault for the accident.
Common Examples Of Comparative Negligence In California
What is the practical application of California's strict comparative negligence law? Here are a few examples of how the law operates, as experienced by a prescreened injury attorney in California:
Example 1. Comparative negligence during a car accident
You were following the flow of traffic and exceeding the posted speed limit just a little. Without looking, the driver in front of you changed lanes, sideswiping your vehicle. You lost control due to the collision's impact, which resulted in several severe traumatic injuries.
It appears very clear that the other motorist was at fault in this situation. However, you were also driving too fast, which might have contributed to the severity of your injuries. Hence, you should contact a California injury attorney before speaking to other parties.
Example 2. Accident involving a Pedestrian
You didn't have the right of way as you crossed the street on foot. Unaware that you were there, a distracted driver drove through the junction and struck you.
It might be risky to cross a junction without having the right of way, both for drivers and pedestrians. However, in this case, a jury would probably determine that you contributed partially to your own injuries.
Example 3. Premises liability claims
Following a late night out, you were strolling along the sidewalk. Unfortunately, you had had too much alcohol. You noticed a hole in the sidewalk as you were moving forward, but you could not avoid it due to your drunkenness.
Property owners are required by law to keep their properties in reasonably safe condition in California. Therefore, in your scenario, the property owner may be liable for negligence for neglecting to fill the hole.
However, a jury can also hold you partly accountable if you try to make it home while intoxicated. You and your California injury attorney need to establish your level of fault because it's likely for the other party to blame it all on your inebriation.
How Is The Level Of Fault Determined In California Comparative Negligence Law?
Any accident requires a thorough study of the circumstances to determine the degree of blame. The other party in your lawsuit will need evidence to demonstrate that you were partially at fault, just as you will need proof to show that you are entitled to financial compensation.
Different types of evidence, including eyewitness testimony and traffic camera footage, can be used to prove comparative negligence. Your California injury attorney will review any evidence of potential comparative negligence while looking into your accident and will consider this information when determining how to best advance your claim.
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