How California’s Comparative Negligence Law Affects LA Car Accident Settlements

If you’ve been in a car accident in LA that has left you with serious injuries and financial losses, filing a claim can help you recover those losses. However, when insurers don’t offer what is fair for your medical bills and other costs, you can hold the other driver responsible for their negligent actions on the road.

After a car accident, you may hear the term “comparative negligence” and wonder what it means. Read on to find out how this legal premise may affect your car accident settlement. 

Comparative Negligence Explained

Comparative negligence, also known as comparative fault, is a legal principle used to determine liability in a car accident involving two or more parties. Under this system, even if you are the victim of a crash, you may still bear some responsibility for the accident.

If you are found partially at fault, your compensation is reduced by your percentage of liability. This system ensures a fair distribution of damages, and while insurance companies use it to determine claim payouts, it is also applied in California courts when juries assess fault in car accident cases.

How Does Comparative Negligence Affect Car Accident Cases?

In multi-vehicle accidents, fault is often divided among the parties involved. For example, if you drive through an intersection with a green light and another driver runs a red light and collides with you, it may seem like they are entirely at fault.

However, if you were speeding at the time, the insurance company or court might argue that you contributed to the crash. If the other driver is found 90% at fault and you are assigned 10% of the blame, your compensation would be reduced accordingly.

For instance, if your total damages amount to $100,000, your 10% share of fault would reduce your compensation by $10,000, leaving you with a $90,000 award. Courts thoroughly examine the details of each case to ensure that compensation accurately reflects the level of responsibility each party holds.

Is California’s Comparative Negligence Different from Contributory Negligence?

Yes, California’s comparative negligence system differs from contributory negligence, which is used in states like Virginia, Maryland, North Carolina, and Alabama.

Under contributory negligence laws, if you are even 1% responsible for an accident, you are barred from recovering any compensation. This strict approach often results in injured parties being unable to claim damages, even if another driver was primarily responsible.

In contrast, California’s comparative negligence system ensures that accident victims can still recover damages, even if they share a portion of the blame.

Understanding Pure Comparative Negligence in California

California follows a pure comparative negligence system, meaning you can seek compensation even if you are 99% at fault. While this system is more forgiving than contributory negligence, it can lead to complex legal disputes as insurers attempt to shift as much blame onto claimants as possible.

Since proving fault can be challenging—especially when recovering from serious injuries—it is beneficial to work with a personal injury attorney. An experienced lawyer can help gather evidence and negotiate a fair settlement.

Calculating Compensation Amid Comparative Negligence

In cases involving comparative negligence, courts assign a percentage of fault to each party. Compensation is then adjusted accordingly.

The process typically involves:

1. Assessing Fault: Each party’s level of responsibility is determined based on evidence, police reports, witness statements, and expert testimony.
2. Calculating Damages: Courts consider economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering).
3. Adjusting Compensation: The final award is reduced by the claimant’s percentage of fault.

While most car accident claims settle outside of court, cases that go to trial may be subject to appeal if errors in judgment occur. A skilled attorney can advise whether an appeal is worth pursuing.

Why You Need an Attorney for Comparative Negligence Cases

Even though California’s pure comparative negligence laws allow you to recover damages despite being partially at fault, insurers will often attempt to minimize payouts by assigning you more blame than you deserve.

If you have suffered severe injuries and financial losses, a personal injury attorney can help protect your rights and maximize your compensation. Attorneys experienced in handling car accident cases can:

• Evaluate Your Case: Many lawyers offer free consultations to assess the validity of your claim and estimate potential fault.
• Gather Crucial Evidence: If you were seriously injured and transported via ambulance, you may not have had the chance to take photos, speak to witnesses, or collect other evidence. Your attorney can obtain surveillance footage, traffic camera recordings, and expert accident reconstructions to strengthen your case.
• Negotiate with Insurers: Lawyers know how to counter insurance companies’ tactics and fight for a fair settlement.
• Litigate When Necessary: If a fair settlement cannot be reached, your attorney can take the case to court to seek the compensation you deserve.

Before speaking with an insurance company, consider consulting a lawyer to explore your options and ensure you receive a fair outcome.