Many people are quick to blame the other driver for causing a car accident. However, more than one party may share responsibility for what happened. While one driver may be mostly at fault, the other driver may have contributed to the accident, such as speeding or ignoring a yield sign. When an injured driver is partially at fault for a car accident, it can impact their right to compensation.
Comparative negligence plays an important role in determining how much compensation an injured driver can recover from a car accident when more than one party is at fault. Here is what you should know about California’s pure comparative negligence system:
What is pure comparative negligence?
Pure comparative negligence is a system that allows a driver to recover damages after a car accident even if they are partially at fault. However, compensation may be reduced if a driver has any percentage at fault.
For example, a driver who is 20% at fault can still recover 80% of the damages for a car accident for medical bills, property damage and other losses. If a driver exceeds 99% of fault, they cannot recover damages.
How is fault determined?
Fault plays an important role when determining how much compensation a driver can recover after a car accident. Insurance adjusters often attempt to place more blame on drivers to increase their percentage of fault and reduce their compensation. Fault is determined by examining evidence, such as police reports, traffic cameras and witness statements.
Having strong evidence to support a car accident claim can help injured drivers recover maximum compensation. Professional legal guidance can help people talk with insurance adjusters, gather evidence and negotiate a fair settlement.
