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Showing posts with the label modified negligence

Pedestrian vs. Auto Accidents in California: Understanding the Risks and Seeking Solutions

Pedestrian accidents involving automobiles are a grave issue in California, a state known for its bustling cities, congested roads, and high pedestrian traffic. These accidents can result in severe injuries and even fatalities, impacting the lives of individuals and communities. Understanding the factors contributing to these accidents and exploring potential solutions is crucial for promoting pedestrian safety and reducing the number of incidents on California's roads. 1. The Prevalence of Pedestrian Accidents in California California consistently ranks among the states with the highest number of pedestrian accidents in the United States. The state's urban centers, including Los Angeles, San Francisco, and San Diego, witness a significant concentration of these incidents. Factors such as high population density, heavy traffic, inadequate infrastructure, and distracted driving contribute to the increased risk faced by pedestrians. 2. Contributing Factors to Pedestrian Accidents...

The Importance of Having Automobile Insurance in California and the Right Coverages

Driving a car is a necessity for many people in California. Whether it’s commuting to work or running errands, having a car makes life easier. However, with the convenience of driving comes the responsibility of ensuring that you and your vehicle are properly insured. In California, it’s not just a good idea to have automobile insurance – it’s the law. California’s Auto Insurance Requirements In California, drivers are required to have liability insurance, which covers damages or injuries you may cause to others in a car accident. The minimum liability coverage required by law is: - $15,000 for injury/death to one person - $30,000 for injury/death to more than one person - $5,000 for damage to property While these minimums may seem like enough coverage, they often fall short of the actual costs associated with a car accident. For example, if you cause an accident that results in $50,000 worth of damage to another person’s car and $20,000 in medical bills, your insurance would only cove...

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...