If you’ve been involved in an accident in California in which you were partially responsible, it’s important to understand the state’s laws regarding negligence. California adheres to pure comparative negligence law, which allows anyone who’s shared fault in an accident to recover compensation for their damages. Other states, however, have varying regulations regarding negligence.
At Crowell Law Offices, we’re experienced with negligence laws and how they can affect injury claims. A Sacramento personal injury lawyer from our team can investigate your accident and your percentage of fault to determine whether fighting for a settlement is worth it. We’ll do our best to maximize your claim value so you walk away with more money in your pocket for the damages you’ve suffered.
California’s pure comparative negligence law allows everyone involved in an accident to recover compensation, regardless of their percentage of fault. The catch, however, is that the court will deduct your percentage of fault from your overall settlement. For example, if you’re 30 percent at fault for your accident and your damages equal $80,000, you’ll ultimately receive $56,000.
Often, filing a claim for compensation will be worth your time even if you were partially at fault for your accident; however, if your percentage of fault is high and the value of the damages you suffered is low, you may not want to pursue a lawsuit. If your percentage of fault is 80 percent, for instance, and your damages only equal $10,000, you’d only walk away with $2,000.
In states with modified comparative negligence laws, only liable parties who are less than 51 percent at fault for causing an accident can recover compensation for their damages. Aside from this regulation, modified comparative negligence laws work similarly to pure comparative negligence laws.
The court will calculate the liable party’s percentage of fault and then deduct this amount from their settlement. In states with modified comparative negligence laws, it’s usually worth it to file a claim for compensation unless the value of your damages is very low. If you qualify for a claim, it’s predetermined that your percentage of fault is less than half.
Very few states throughout the country follow contributory negligence laws, but there are a few. Contributory negligence laws prevent anyone who has contributed even 1 percent of fault to an accident from recovering compensation for their damages. Most states don’t use the contributory negligence law because many consider it unfair to victims in an accident.
For example, a victim may contribute a small percentage of fault to a car accident because they weren’t wearing a seatbelt when a drunk driver crashed into them. In states with contributory negligence, the victim wouldn’t be allowed to recover any compensation for their damages because they didn’t wear a seatbelt during the wreck.
California has one of the most lenient negligence laws, which is beneficial if you’re trying to obtain a settlement after an accident in Sacramento. If you’d like to discuss the details of your case with a Sacramento personal injury lawyer, call 916-303-2800 to schedule a free consultation or find us online to learn more.
Crowell Law Offices represent clients throughout Northern California with local offices in Sacramento, Placer and Yolo Counties, California. Our personal injury firm defends people who've been injured by another's negligence: auto accidents, brain/spine injuries, child injuries, catastrophic injuries and wrongful death cases.... View full business profile here: Crowell Law Offices
