In the Beverly Hills area, many crashes occur on Interstate 405, known for its heavy congestion, and Sunset Boulevard, where winding roads and distracted drivers create dangerous conditions. California is an “at-fault” state, requiring the person who caused the accident to pay for resulting damages through their insurance.
California follows “pure comparative negligence” rules when determining damages after a car accident. This means you can receive compensation even if you’re partially at fault, but it reduces the amount you can recover.
How comparative negligence works
Comparative negligence divides responsibility between parties involved in an accident based on each person’s contribution to what happened. Instead of placing blame entirely on one driver, this system recognizes that accidents often result from multiple factors and assigns fault accordingly.
Scenarios where comparative negligence typically applies include:
- Another driver who ran a red light hits you, but you were traveling slightly over the speed limit
- A driver rear-ends you at a stop sign, but one of your brake lights doesn’t work
- A driver makes an illegal turn, but you are distracted by your phone
California’s pure comparative negligence system differs significantly from states like Virginia or North Carolina, which follow “contributory negligence” rules where you recover nothing if you’re even 1% at fault. It also differs from “modified” comparative negligence states like Nevada, where you can’t recover damages if you’re more than 50% responsible.
How are injury awards affected?
Pure comparative negligence offers you the advantage of still receiving compensation even when partially at fault. However, depending on your fault percentage, it can significantly reduce your settlement amount. Insurance companies often try to maximize your fault percentage to minimize their payouts.
Here are examples of how comparative negligence affects damages:
- If you have $100,000 in damages but are 20% at fault, you’ll receive $80,000
- If your medical bills total $50,000 and you’re 40% responsible, you’ll receive $30,000
- If property damage costs $25,000 and you’re 75% at fault, you’ll only receive $6,250
When disputing fault percentages, having a knowledgeable advocate becomes crucial. A skilled car accident lawyer can gather evidence, including accident reports, witness statements and expert testimony to counter insurance company claims that you bear more responsibility than deserved. Experienced attorneys can also ensure all your damages are properly documented and valued, from medical expenses to lost wages and pain and suffering.