If you have been injured in a car accident, depending on which negligence system your state observes, your ability to recover monetary compensation for your damages may be diminished if you bear any degree of fault for the cause of the accident. When awarding damages after a car accident, states follow comparative or contributory negligence rules. Continue to follow along to learn whether California adopts the comparative or contributory negligence doctrine when awarding damages after a car accident. In addition, keep reading to discover how a skilled Santa Clara County Car Accident Attorney can help you seek reasonable compensation for your damages.
How does comparative negligence work in California?
In the U.S. each state follows a different negligence system when awarding damages. States may adopt the comparative or contributory negligence doctrine. Under the contributory negligence doctrine, your ability to recover financial compensation for your economic and non-economic damages is diminished if you are partially to blame for the cause of the accident. Essentially, you will be barred from receiving compensation for your losses if you are even just 1% at fault for the cause of the collision. Only a few states have adopted the contributory negligence doctrine when awarding damages.
Moreover, many states including California adopt a pure comparative negligence system when awarding damages. Under a pure comparative negligence system, you can recover monetary compensation for your damages despite having contributed to the cause of the crash. However, the amount you can recover will be reduced by your percentage of fault. For instance, if you were found to have been 20% at fault for the cause of the accident, you could only receive 80% of your losses. Under a pure comparative negligence system, your ability to recover monetary compensation for your economic and non-economic damages is hindered, yet you can still recover some of your losses. Even if you were 99% at fault for an accident, you still can recover compensation for your losses. As a note, some states follow a modified comparative negligence system. Under this system, you can only recover compensation if your negligence is less than the other party’s negligence. Essentially, you cannot be more than 50% at fault for the cause of the accident. If you are more, you cannot recover compensation. However, if you are less than half at fault, your award will still be reduced by your degree of fault. It is critical to understand which negligence system your state observes as it can affect your ability to recover compensation for your damages.
For more information on how the comparative negligence doctrine can affect your ability to recover compensation for your damages after a car accident, contact one of our determined team members. Our firm is prepared to fight on your behalf to help you get the justice you deserve.
