Were you or your loved one injured in a serious accident in Stockton or elsewhere in the San Joaquin Valley region of California? You have the right to seek from any at-fault whose recklessness or carelessness contributed to your accident. Notably, your fault for the accident—or lack thereof—will play a significant role in the claims process. The reason is that California is a comparative negligence state. Within this article, our Stockton personal injury lawyers provide a comprehensive guide to comparative negligence in California.
- Comparative Negligence is a Proportional Liability Standard
Comparative fault (comparative negligence) is a proportional liability standard that is used in many U.S. states in personal injury claims. Broadly explained, comparative negligence means that liability in a personal injury case is divided proportionally based on each party’s degree of fault. If you are partly responsible for an accident, your compensation will be reduced by your percentage of fault.
Here is a simple example: Imagine you were involved in a bad multi-vehicle crash in Stockton. If you are awarded $100,000 but found to be 25 percent at fault, you would receive $75,000. In other words, you would be 25 percent liable for your damages and would, as a result, be liable for 25 percent of your losses ($25,000). Proportional liability applies.
- All Personal Injury Claims in California are Subject to Comparative Negligence
In California, the doctrine of comparative negligence applies to all types of personal injury claims—from car accidents and truck accidents to slip and fall injuries and medical malpractice claims. Indeed, it is a universal standard for tort cases that is designed to help ensure that liability is assessed in a consistent, equitable manner across a wide range of different accidents. Whether a case involves multiple drivers in a traffic collision or a property owner’s failure to maintain safe premises, comparative negligence still applies. Each party’s role in causing the incident will be evaluated. Importantly, comparative negligence does not bar you from recovering damages. You can still pursue personal injury compensation even if you are partially at fault for your own accident.
- California is a Pure Comparative Negligence State
Many states use a modified comparative negligence standard. They bar injured victims from seeking compensation from another party if the victim was at fault for the majority of their own accident. With that being said, California is not one of these states. Our state uses a pure comparative fault standard for personal injury claims. An injured victim, you can still recover compensation even if you are predominantly at fault for the accident. For example, if you are 90 percent responsible for a crash, you can still claim 10 percent of the damages awarded. Technically, even if you are 99 percent at fault for an accident in Stockton, California law allows you to pursue compensation for the remaining one percent.
- Evidence is Absolutely Crucial to Establishing Liability
Evidence is the foundation of liability in any successful personal injury claim. Clear and compelling evidence is especially crucial when comparative negligence is an issue. The more compelling your evidence, the better positioned you are to counter claims that you were partially at fault for the accident. Every accident in the San Joaquin Valley should be thoroughly investigated by an experienced Stockton, CA personal injury lawyer. Evidence can come in many forms, including:
- Photographs;
- Videos;
- Police reports;
- Witness statements; and
- Medical records.
Documentation of your injuries and medical treatment is equally important to demonstrate the full extent of your damages. Insurance adjusters and opposing parties often attempt to use weak or incomplete evidence against victims to assign them an unfair share of fault.
- You Have the Right to Challenge an Unjust Allegation of Partial Fault
Comparative fault is, in some ways, a defense strategy used by defendants and insurance companies in personal injury claims in California. If they can successfully assert that an injured victim is partially responsible for his or her own accident, they can reduce their own liability. It is not uncommon for insurers to raise a comparative fault defense in car accidents, slip and falls, and other types of personal injury claims. The Judicial Council of California Civil Jury Instructions (CACI NO. 405) explains that defendants can assert comparative negligence by proving that:
- The injured victim was negligent; and
- That negligence was a substantial factor in causing the accident.
You are not automatically at fault for an accident in Stockton simply because the insurance company says that you are at fault for the incident. If you believe you have been unfairly assigned partial fault in a personal injury case, you have the right to challenge that determination. Fault allocation directly impacts the compensation you receive, so even a small increase in your assigned fault percentage can significantly reduce your settlement. Challenges can be made during settlement negotiations, through mediation, or in court, depending on the specifics of your case. Your Stockton, CA personal injury lawyer can help you fight back aggressively against an unfair finding of fault.
Why Injured Victims in Stockton Trust Redkey Gordon Law Corp
Comparative negligence is key to personal injury claims in California. It can also be a very complicated concept. You may have a lot of questions and concerns about how exactly comparative negligence applies in your case. At Redkey Gordon Law Corp, we have the skills and experience that injured victims can rely on. With more than $25 million recovered for clients, our case results tell the story best. Your initial consultation with our personal injury team is free and confidential.
Contact Our Stockton, CA Personal Injury Attorney for Immediate Help
At Redkey Gordon Law Corp, our Stockton personal injury attorneys are aggressive, experienced, and committed to fighting for justice and compensation for clients. If you have any specific questions or concerns about comparative negligence in California, we are more than ready to help. Get in touch with us by phone or contact us online for a free, no cost case review. With a law office in Stockton, we handle personal injury claims throughout the region.