What You Need to Know About California’s Pure Comparative Negligence Law
When two or more parties are involved in an accident or injury’s cause, individuals can file comparative negligence. Here’s everything you need to know about pure comparative negligence law in California.
California operates under pure comparative negligence law, meaning each party’s level of negligence proportionally determines the amount each party pays in damages. Damages refer to the financial compensation the harmed party receives. If two or more parties contribute to an injury, the responsibility to pay damages splits depending on each party’s contribution.
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What is California’s Pure Comparative Negligence Law?
Unlike other states’ use of modified comparative negligence law, California allows a party involved in an accident to make claims for comparative negligence even when responsible for over half of an injury’s cause.
In this hypothetical situation, a California driver, “Party A,” was driving down the street and hit a pedestrian, “Party B,” who suddenly walked into the street without a crosswalk, sign, or signal. Both may be responsible for the harm Party B experienced.
Party A filed claims for comparative negligence, and the jury decided Party A is responsible for 70% of the damages experienced by Party B, and Party B is responsible for 30%. If the damages amount to $100,000, Party A would only have to pay $70,000 in damages, while Party B is expected to cover the remaining cost.
In this hypothetical, both Party A and B are considered negligent because neither acted with the level of care expected from anyone in their situation, resulting in both endangering each other.
When Does California’s Pure Comparative Negligence Law Apply?
Both individuals and groups of people may be negligent.
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Common personal injury scenarios involving comparative negligence are:
- Automobile accidents
- Medical malpractice
- Workplace accidents
- Premises liability (being injured on another’s property, i.e., slipping and falling at a restaurant)
FAQs About Pure Comparative Negligence Law in California
How does California decide levels of negligence?
A jury decides levels of negligence and the corresponding damages owed by the parties involved. A jury allocates the level of negligence after hearing statements from all parties, law enforcement, insurance companies, and other witnesses,
What happens if more than two parties are responsible for an injury?
If more than two parties contributed to the cause of an injury, the jury will apportion each party a percentage of the fault. Even when over two parties are involved, all percentages will amount to 100% and correspond to the percentage of each party’s damages to pay.
What happens if the parties involved in an injury sue each other?
If the parties involved in an accident both contribute to its cause and experience injury as a result, the defendant may file a counterclaim against the plaintiff. The jury will decide each case separately, and both parties will pay the proportional amount decided by the jury of the damages experienced by the other party.
How can a personal injury attorney help obtain as much compensation as possible when injured?
If one is injured in an accident where they take the partial fault, a personal injury attorney will fight for them and will work to ensure the fault allocated to them remains at a minimum.
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If you were recently involved in an accident where others also played a role in the accident’s cause, contact us. Here at Her Lawyer, we’ll get you in touch with the most qualified attorney to address your unique legal concerns. Get a free initial consultation today!
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