Comparative Negligence in Personal Injury Cases under California Law

In a personal injury case, the concept of comparative negligence comes into play when both the plaintiff (the injured person) and the defendant (the person accused of causing the injury) contributed to the accident in some way. California is a comparative negligence state, meaning that the amount of damages that the plaintiff can recover will be reduced by their percentage of fault in the accident.

How Comparative Negligence Works

Let's say that the plaintiff was injured in a car accident and sued the defendant for damages. The court determines that the plaintiff was 30% at fault for the accident because they were driving slightly over the speed limit. The defendant was 70% at fault because they ran a red light.

If the plaintiff was seeking $100,000 in damages, their recovery would be reduced by their percentage of fault. In this case, the plaintiff would only be able to recover $70,000 (70% of $100,000).

Pure Comparative Negligence vs. Modified Comparative Negligence

There are two types of comparative negligence in California: pure comparative negligence and modified comparative negligence.

In pure comparative negligence, the plaintiff can recover damages no matter how much at fault they were for the accident. Using the example above, if the plaintiff was 99% at fault for the accident, they could still recover 1% of the damages from the defendant.

In modified comparative negligence, the plaintiff can only recover damages if they were less than 50% at fault for the accident. If the plaintiff was 50% or more at fault, they cannot recover any damages.

Importance of Evidence in Comparative Negligence Cases

In a comparative negligence case, the burden of proof is on the plaintiff to prove that the defendant was at fault for the accident. This means that the plaintiff must gather and present evidence to support their case.

Evidence can include witness statements, police reports, medical records, and expert testimony. It is important to gather and preserve evidence as soon as possible after the accident, as memories can fade and evidence can be lost over time.

Conclusion

Comparative negligence is an important concept in personal injury cases under California law. It is important to understand how it works and how it can impact your case. If you have been injured in an accident, it is important to protect your rights and seek legal advice if necessary. Gather as much evidence as possible to support your case and work with an experienced personal injury attorney who can help you navigate the legal process and seek the compensation you deserve.

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