If you’re trying to get paid after a collision in California, know that the rule of “comparative negligence” may affect your right to compensation. Under this legal doctrine, your compensation may be reduced if you were found to be partly at fault in the car crash. Learn about the effect of comparative negligence and how you can protect your ability to get compensated. For more legal assistance in your case, please consult for free with our personal injury lawyer.
What is Comparative Negligence in a Car Accident?
Imagine this scenario: You're driving down a busy street in Orange County, obeying all traffic laws. Suddenly, another driver runs a red light and T-bones your vehicle. It's an open-and-shut case of negligence, right? Well, not so fast. During the investigation, it's revealed that one of your taillights was out – a minor vehicle code violation. Even though the other driver clearly caused the accident by running the red light, you could be assigned a percentage of fault for having a burned-out taillight.
This is the concept of comparative negligence in a nutshell. It means that fault in an accident can be divided among multiple parties based on their respective levels of negligence.
California follows the “pure comparative negligence” doctrine in accident cases. This means you can still recover damages even if your share of fault was 99%. By contrast, in “modified comparative negligence” states, a claimant may no longer receive compensation if their share of fault was more than half.
Comparative Negligence versus Contributory Negligence
The concept of “comparative negligence” should not be confused with “contributory negligence.” The difference is that comparative negligence still gives you the right to claim damages even if you were partly at fault, while contributory negligence means any contribution you made to the accident – even if it was just 1% – would prevent you from claiming compensation.
How Does Comparative Negligence Work in California?
Let's look at an example to illustrate how comparative negligence works in California car accident cases: You're rear-ended at a stoplight by a distracted driver who was texting. The other driver is clearly mostly at fault for causing the collision. However, the investigation finds that your brake lights were faulty, which may have contributed to the accident by not giving the other driver sufficient warning that you were stopped.
The jury determines that you are 20% at fault for the faulty brake lights, while the other driver is 80% at fault for texting and not paying attention. If the total damages from the accident are $100,000, your award would be reduced by 20% for your portion of negligence:
- Total damages: $100,000
- Your negligence: 20%
- Reduction to damages: 20% of $100,000 = $20,000
- Your adjusted award: $100,000 - $20,000 = $80,000.
So even though you were partially negligent, you can still recover $80,000 from the other driver's insurance based on their greater percentage of fault causing the accident.
Why Comparative Negligence Matters
Comparative negligence prevents the harsh "all-or-nothing" outcomes that can occur in other jurisdictions. In a contributory negligence system, if you are even 1% at fault, you are completely barred from recovering any damages at all. Comparative negligence is a more equitable way to divide fault and damages based on each party's actions.
From a public policy perspective, comparative negligence also incentivizes people to exercise greater care and caution. If any negligence completely barred recovery, people may feel they have no reason to try to avoid accidents since they couldn't recover damages anyway.
Comparative negligence matters a great deal in car accident cases because there are often multiple potential sources of negligence that contributed to a collision:
- Distracted driving (texting, eating, or putting on makeup, for instance)
- Impaired driving (alcohol, drugs, or fatigue)
- Excessive speed
- Failure to check blind spots
- Failure to signal
- Vehicle defects or lack of maintenance
- Road hazards or poor conditions.
An experienced personal injury attorney will investigate all possible contributing factors to minimize your percentage of comparative negligence. This in turn can maximize your financial recovery.
Comparative Negligence and Insurance Companies in Orange County Car Accident Cases
You can be sure that if you are involved in a car accident, the insurance companies (both yours and the other driver's) will thoroughly investigate to find any potential negligence on your part. Their goal is to minimize their exposure by assigning you a higher percentage of comparative fault. Insurance companies have teams of adjusters, investigators, and lawyers who will likely:
- Obtain the police report
- Interview witnesses
- Inspect both vehicles
- Check driving records
- Scour your social media for any contradictory statements
- Have you surveilled to look for signs of exaggerated injuries
- Question you under oath in a deposition.
They will leave no stone unturned to find even a 1% reason to reduce the value of your claim based on comparative negligence. This is why it's absolutely critical to have an experienced car accident attorney on your side who is an expert at battling insurance companies. Your lawyer needs to forcefully push back on any allegations of negligence and make sure you are not assigned an inflated percentage of fault.
Burden of Proof for Comparative Negligence
In California, the defendant (the other driver) has the burden of proving that the plaintiff (you) was negligent to some degree. This is called a "party admission" of comparative fault. The defendant's insurance company will thoroughly investigate to find any potential negligence on your part, no matter how minor, in order to reduce their liability. Common factors they look for include:
- Vehicle code violations (broken lights, expired registration, and the like)
- Driving over the speed limit
- Failure to wear a seatbelt
- Any lapse in defensive driving practices.
It's important to have an attorney who can counter the insurance company's attempts to inflate your percentage of comparative negligence. Your lawyer needs to present clear evidence showing the defendant was predominantly at-fault for causing the accident and your resulting injuries.
How to Minimize the Impact of Comparative Negligence
In a serious car accident, you’ll want to prevent any factor that may reduce your compensation. There are steps you can take to minimize your percentage of fault:
- Obey all traffic laws: This includes speed limits, properly signaling lane changes, coming to complete stops, yielding right-of-way when required, and obeying traffic signals and signs.
- Maintain your vehicle: Conduct regular maintenance checks for working lights, enough tread on tires, functional windshield wipers, and any potential safety hazards like cracked windshields.
- Avoid distractions: Don't use your phone, eat, drink, or engage in any other distracting activities while driving.
- Drive defensively: Check blind spots, keep safe following distances, anticipate potential hazards, and be prepared to take evasive action if needed.
- Seek medical attention: Seeing a doctor promptly provides documentation that your injuries were directly caused by the accident.
The Advantage of Hiring a Comparative Negligence Accident Lawyer in Orange County
If you've been injured in a car accident in Orange County, don't let the insurance companies take advantage of you through comparative negligence. Protect your rights by hiring a personal injury lawyer who specializes in comparative negligence cases. At Barrios & Machado Personal Injury & Accident Lawyers, our attorneys have over 25 years of combined experience battling insurance companies and maximizing our clients' recoveries. We know insurers’ tactics and how to leverage the comparative negligence laws to your advantage.
These are key reasons to hire our firm for your comparative negligence case:
- Free consultation: We offer a free, no-obligation consultation to review your case and explain your rights. There's no risk in speaking with us.
- No upfront fees: We work on a contingency basis, meaning you pay no fees until we win your case.
- Proven results: We have recovered millions of dollars for our clients in successful settlements and verdicts.
- Personal attention: You'll work directly with your attorney, who will carefully walk you through the process and keep you updated every step of the way.
- Comprehensive investigation: Our team will thoroughly investigate all aspects of your accident to minimize any allegations of comparative negligence against you.
- Aggressive negotiators: We are not intimidated by insurance companies and will forcefully negotiate to maximize your recovery.
- Trial-tested: If the insurance company still refuses to be reasonable, we are fully prepared and experienced to take your case to trial.
Don't let the insurance companies devalue your claim by assigning you an unfair percentage of comparative negligence. Call Barrios & Machado today at (714) 515-9696 for a free, confidential consultation on protecting what you’re entitled to.
