There are times when one person is totally at fault in an accident. For instance, imagine a motorist running a red light and crashing into another person's car, a person who hadn't done anything wrong. In that case, the driver who failed to stop would be responsible for paying all of the damages.
So often in life, though, things are messier. And, very frequently, two or more people bear some blame for an accident. So, what happens then? Who pays what to whom? How do the courts sort it all out?
Well, that's where comparative negligence laws come in. Let's examine these laws now, and let's take a special look at how they apply in California.
Who's to Blame?
Here's another example to think about: You're driving in downtown Los Angeles one sunny afternoon. You start speeding, and you crash into the car in front of you. However, that car had made a sudden, unsignaled stop. What happens now?
Well, after reviewing the evidence, a court would likely deem both you and the other motorist to be at fault. And it would determine what percentage of the blame you both bear.
For example, maybe the court would say that you deserve 40% of the blame, and the other driver deserves 60%. Those numbers would guide how much money in damages you both could collect.
Modified Vs. Pure Comparative Negligence
In most states, people may sue defendants if they, the plaintiffs, aren't fully or mostly responsible for an accident. That is, they must be — depending on the state — less than 50% or 51% at fault. This system is called modified comparative negligence.
California and 11 other states, however, rely on a concept called pure comparative negligence. With pure comparative negligence, people can sue defendants so long as they, the plaintiffs, aren't completely responsible for the accident.
Therefore, a person could be 99% at fault and sue someone who's 1% at fault.
Adjusting Damages
If a plaintiff prevails in a personal injury lawsuit, the defendant must pay damages. That amount will cover the expenses and financial losses the plaintiff incurred due to the accident: medical bills, lost wages, damaged property, and so on.
However, the greater a plaintiff's share of blame for the accident, the less money they can collect. For example, if a plaintiff wins $1 million in court but was judged to be 30% at fault, the defendant would only pay $700,000: $1 million minus 30%, or $300,000.
What Should You Do After an Accident?
If you were in an accident, how would a California court determine who was at fault?
Let's use yet another example to illustrate. Imagine that you're shopping in a department store, and you slip on a wet floor. You fall hard, and you break your arm. You're now legally entitled to sue the store for damages.
Presenting Evidence
To ascertain legal fault, your personal injury attorney and the store's attorney would present evidence to a court: security camera footage, accident scene photos, eyewitness testimony, police reports, medical reports, and so on.
The court would consider all of that evidence, focusing especially on the actions of those who might bear responsibility.
Indeed, the court would try to answer questions such as:
- Did the store employees make a proper effort to dry the floors?
- Did they post warning signs?
- When you were walking, were you watching where you were going?
After deliberating, the court would assign everyone involved a percentage of the blame based on their actions or inactions.
You could then proceed with your personal injury claim. Maybe you'd settle out of court, or perhaps your case would go before a judge or jury.
If you were to win this case in court, the store's insurance company would compensate you for your damages, minus the percentage associated with your legal fault.
Protecting Yourself Legally
At an accident scene, it's easy to unintentionally admit or accept blame. Thus, don't blurt out something like "I'm so clumsy!" or "Oops, my bad!" Instead, keep your words to an absolute minimum.
Simply call 911 or tell someone you need medical assistance. And, as soon as you can, file a police report.
Later on, if potential defendants or their attorneys try to contact you, don't respond. If they catch you on the phone, end the conversation politely but immediately. Anything you say could be used against you.
Finally, you should hire — as soon as possible — a smart, tenacious, experienced, and skilled personal injury attorney. Comparative negligence laws are highly complicated, and your lawyer should know them inside and out. By enlisting such an attorney, you can ultimately earn the full compensation that you deserve.
