What Is California's Comparative Negligence Law?

Comparative negligence is a legal principle that allows a jury to assign partial blame for an accident to both parties when there are multiple parties involved. In other words, if someone else was also at fault for the accident, you may be able to recover money damages from them.

Consequently, in states that follow comparative negligence laws, your recovery will be reduced by the percentage of your own negligence attributable to you. The logic behind this is that you’re partially responsible for what happened and shouldn’t receive as much compensation as the other party. Learn more about California’s comparative negligence law and how it can help reduce your personal liability after an accident.

What Is Comparative Negligence in California?

Comparative negligence is when someone is partially at fault for their own losses. In California, the victim’s award would be reduced by the percentage of fault that the victim is found to be at. For example, if a victim is found to be 20% at fault, and they are awarded $100,000, their award would be reduced by $20,000. Contributory negligence is when someone is partially at fault for someone else’s injuries.

California’s comparative negligence law is designed to determine how much fault each party bears in a personal injury lawsuit. Under this law, the plaintiff and defendant are both compared to see who is more at fault for the accident. If the plaintiff is found to be partially to blame, their personal injury award may be reduced by an amount that is equal to their comparative fault. This law is also known as a comparative fault law.

What if You Are Primarily Responsible for the Accident?

If the plaintiff is primarily responsible for the accident, comparative negligence may still come into play. This is because even if the plaintiff is found to be at fault for the accident, the defendant may still be held partially responsible if it can be proven that the defendant contributed to the accident in some way.

California law uses a modified comparative negligence system. This means that if the plaintiff is found to be more than 50% at fault for the accident, they will not be able to recover any damages from the defendant. It is wise to consult with a personal injury lawyer to understand your next steps.

Comparative Negligence With Multiple Responsible Parties

Comparative negligence is a legal doctrine that allows for multiple responsible parties in a civil lawsuit. Under this doctrine, each defendant is liable for their own negligence, and the plaintiff is also liable for their own negligence. The amount of damages each party is liable for is determined by their comparative negligence.

In California, a plaintiff can recover damages from a defendant if the plaintiff is less than 50% at fault. If the plaintiff is 50% or more at fault, they cannot recover any damages from the defendant. Joint and several liability is a related legal doctrine that allows multiple defendants to be jointly and severally liable for all damages awarded to the plaintiff.

Navigate California Personal Injury Claims With Legal Help

When a case involves determining who is liable and by how much, things can get complicated quickly. Depending on how you argue the case, you may be held responsible for more than your fair share of the cause. Don’t let yourself become a victim all over again by defending yourself with legal help.

Before you do anything related to your case, get legal help. You can trust us at Kash Legal to handle your claim for you, represent you, and get you the compensation you deserve. Contact us online or at (888) 527-4128.