How California’s Comparative Fault Law Can Affect Your Auto Accident Claim

Under the State of California’s pure comparative fault law, a person injured in an auto accident can still recover compensation even if he or she was discovered to be partially at fault for the accident.

Comparative fault, also sometimes referred to as comparative negligence, will allow an injured person to obtain a portion of the injuries covered by the other party, even if the person is partially responsible for his or her own injury.

When an auto accident lawsuit goes to trial, a jury will decide to what extent the victim’s own negligence contributed to his or her injuries. If the victim was found to be partially blamable for his or her own damage, the compensation amount will be reduced by the percentage found at fault.

How the Level of Liability is Decided in an Auto Accident Lawsuit

A judge or jury usually decides the level of responsibility in an auto accident case. Upon trial, a jury will be given instruction on the comparative fault of the victim. Jury instructions on comparative negligence are as follows:

The defendant believes that the victim’s own carelessness has been instrumental in causing his or her injury. To prosper in this accusation, the defendant will need to demonstrate the following:

The victim was negligent
The victim’s negligence was a significant factor in causing his or her injury

If the defendant demonstrates the above, the victim’s damages will be reduced by the jury’s determination of under what percent the victim held responsibility.

If applicable, the jury will proceed to make a separate verdict on the victim’s total damages. The jury will decide the total sum of damages deprived of consideration of the extent of liability it assigns to the victim.

Auto Accident Cases and the Comparative Fault Law

Auto accidents in California will often involve cases of comparative fault because many of these claims will be comprised of multiple parties. Every party involved has the potential to share the responsibility of the auto accident.

Auto accidents that implicate multiple parties, it is likely that every party will place blame on another for causing the accident. Non-driver defendants in California can also be blamed in the auto accident. This can include, but is not limited to the following: Vehicle part manufacturers, Construction zones or crews, City road developers or engineers, and Pedestrians or bicyclists.

Seek the Legal Advice of a Specialized Attorney

If you have been recently involved in an auto accident and believe you may have been partly at-fault for the accident, you can still recover compensation for your injuries. Speak to a knowledgeable attorney who can champion on your behalf and represent your interests in a court of law.

Attorney Justin H. King is specialized in the field of personal injury cases involving auto accident lawsuits. Attorney King has many years of experience in the field and is prepared to vigorously champion for the rights of personal injury victims. Auto accident lawsuits in California are subject to time limits; consult a professional California lawyer straightaway.

Categories : Auto Accidents

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By Justin H. King, Esq. | Posted on June 1, 2019

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.

How California’s Comparative Fault Law Can Affect Your Auto Accident Claim

How the Level of Liability is Decided in an Auto Accident Lawsuit

Auto Accident Cases and the Comparative Fault Law

Seek the Legal Advice of a Specialized Attorney

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