California negligence laws are like many throughout the country. We use comparative negligence to determine fault in accidents, as well as the amount of compensation a victim can receive as a result of his or her contribution to the incident.
To learn more about attributing blame in an accident and receiving compensation for your injuries when you were partially liable, continue reading.
Fault of Another
To prove that another party is at fault in an accident, we must prove that party’s negligence. Negligence is often defined in cases like these as a decision or action that a reasonably sensible person would not have made.
If someone has not considered the possible consequences of his or her choices, or has and still chose to engage in the behavior, he or she would be found negligent. The latter would face even more serious repercussions because gross negligence and maliciousness are not tolerated in California.
Contributing to the Accident
When you have contributed to causing your accident, you will be subject to the same review of negligence as the other person involved in the incident. Many accident victims wonder whether they will still have a case if their own actions are partially to blame for their injuries.
This is the doctrine of comparative negligence. You will still be eligible to obtain compensation for your injuries; however, the question of how much you will receive will be determined on the amount of fault you carry.
Even if you hold only 1 percent of the blame, the comparative negligence law will still apply to your case. The percentage of fault the judge, jury, other party, and insurer are able to attribute to you is the percentage by which your compensation award will be lowered.
For instance, if you were found to be 40 percent at fault for the accident and your injuries and were awarded $50,000, the other negligent party would be responsible for paying you 40 percent less than your awarded amount, or $30,000.
Contact a California Personal Injury Lawyer
If you’ve been involved in an accident and are unsure about the level of blame you hold for your injuries, speak with a qualified California personal injury lawyer at Haffner Lawwho can work with you to maximize the value of your personal injury claim.
To schedule your no-obligation consultation, give us a call at 1-844-HAFFNER (423-3637) or fill out the form below.