(619) 768-2865
What is the Difference Between Comparative and Contributory Negligence in Personal Injury Cases?
California personal injury law operates on a pure comparative negligence understanding of the law. Pure comparative negligence, or pure comparative fault, is just one legal doctrine used in personal injury cases nationwide. Some states use a modified comparative fault law, while others operate under a contributory negligence doctrine.
A few states operate under the contributory fault version of personal injury law. In contributory fault states, you are barred from filing a personal injury lawsuit in pursuit of financial compensation if you are deemed to be even 1% at fault for causing the incident that resulted in injuries. Many believe this conversion of negligence in personal injury cases is far too strict and prevents too many victims from recovering fair compensation.
Most states operate under a modified version of comparative negligence, usually using a 50% rule. In these states, so long as you are less than 50% at fault for causing the accident, you can hope to seek financial recovery; those who are 50% or more at fault are likely to be barred from filing personal injury suits against the defendants.
How Does Pure Comparative Negligence Work in California Car Accident Cases?
California operates under a pure comparative negligence understanding of personal injury law, wherein a plaintiff can file a personal injury claim against another party regardless of how much liability or negligence they may have contributed to the accident that caused the serious injuries. In California, an injured plaintiff could be 99% at fault and still have the right to file a personal injury suit.
Although individuals held largely at fault for accidents can still hope to seek compensation in California, the amount of fault or liability that rests on their shoulders will impact how much they can expect to recover in a settlement.
In comparative negligence states like ours, multiple parties can be held accountable for causing a motor vehicle accident.
Can Shared Negligence Affect Your Total Compensation?
Although you could theoretically recover sensation even if you were 99% at fault for an auto collision in California, the amount of negligence or liability you share will limit how much you can recover in economic or non-economic damages.
For example, if you are involved in a car crash and are determined to be at 40% at fault for causing the accident, you can expect your total compensation to be reduced by 40%. Considering that even a small amount of shared negligence can negatively impact how much you stand to recover in your personal injury case, it is even more critical that you have experienced car accident attorneys present to defend your claims and strengthen the evidence in your case. With the help of an experienced attorney, it is possible to establish that the largest bulk of negligence rests on the shoulders of the other parties involved in the accident, thus securing more financial recovery for you.
In many car accident cases, your legal representative and the insurance company will negotiate the terms of a settlement that reflects a mutual understanding of negligence. However, if the case goes to trial, a jury will determine negligence and financial compensation.
What Helps Determine Fault in Auto Accident Cases?
Determining liability in motor vehicle accident cases is not always simple and straightforward, especially in instances involving several at-fault parties and multiple drivers. A thorough investigation must take place to determine how to sort out blame in a car accident case, and these investigations often include the involvement of car insurance companies, legal professionals, and sometimes juries.
Among the key factors used to consider and determine fault include the following:
· Evidence of traffic law violations, such as failure to yield to the right of way, driving through a stop sign, speeding, texting while driving, or drunk driving, can indicate driver negligence
· Photographic and video evidence, such as traffic surveillance cameras, dash cam footage, and cell phone footage, could potentially provide convincing proof of driver negligence
· Insurance investigations, led by insurance adjusters, will review the evidence from the scene of the accident, interview parties involved, and make their findings to minimize the potential payout from the insurer
· Police reports or accident reports, which were recorded at the accident scene by law enforcement, provide an initial analysis of what transpired and who may have been at fault
· Statements from neutral eyewitnesses can help illustrate how the accident occurred
· The analysis of professionals like expert car accident reconstructionists can help offer unique insight into the potential cause of an accident
How Do Insurance Companies Use Comparative Fault?
Insurance companies are essential in determining fault and financial recovery in car accident cases with shared negligence. They attempt to determine fault by analyzing car accident reports, reviewing the evidence, and meticulously evaluating economic and non-economic damages.
Although an insurance company may try to appear as though it is there to support injured victims, it is always looking for ways to protect its own interests and minimize settlement payouts. In some cases, it will offer lowball settlements, leverage evidence against plaintiffs, litigate, or potentially even use bad faith tactics. Its aim is always to limit the amount of financial compensation that could be awarded to injured claimants.
When negotiating with the insurance company, having professional legal counsel in your corner is highly advantageous. Contact us to discuss your legal matters today.
Contact Our California Law Firm to Discuss Your Case with Our Experienced Car Accident Lawyers Today
Because comparative negligence can significantly impact your financial compensation, it is highly recommended that personal injury victims seek professional legal representation from experienced car accident attorneys to assist them through the legal process. As your legal representatives, our lawyers will negotiate better terms with the insurance company, gather convincing evidence to support your claim, protect you from unfair blame, and speak on your behalf in court if necessary.
To learn more about the many benefits of retaining professional legal representation from experienced attorneys, please contact our San Diego-based law office to schedule your in-depth case evaluation today.
You can get in touch with us by calling us at 619-768-2865.
