If you have looked into California’s personal injury law, then you have likely noted that California is a strict comparative negligence state. But what does that mean? If you do know what it means, you might wonder – what systems are followed by other states? The answer is that there are two other options that most states follow. Keep reading to learn what they are, and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you have been injured in an accident and require a free legal consultation.
California’s Strict Comparative Negligence
As stated above, California is a strict comparative negligence state. This means that if all parties involved in an accident can share some fault for the accident. Further, whatever the percentage of fault a person has dictates how much of their damages they can recover.
Consider this simple example in which there is a car accident involving two drivers. Driver A runs a red light and is found to be 75% at fault. However, Driver B was illegally changing lanes in the intersection at the time of the accident and is therefore found to be 25% at fault.
If Driver A suffered $100,000 in damages, they would be able to recover 25% of that – or $25,000 – because their 75% of fault reduces their recoverable damages to 25% of their total damages. If Driver B also suffered $100,000 in damages, then they would be able to recover 75% of that – $75,000 – because their 25% of fault reduces their award by 25%.
Modified Comparative Negligence
The reason California’s negligence is referred to as “strict” is because other states have modified comparative negligence. For example, Georgia uses a system in which a person can only recover monetary damages if they were less than 50% at fault.
In California, it does matter the percentage, you could be 99% at fault and recover 1% for your damages. Under Georgia’s modified comparative negligence, only a person who was 49% or less at fault for an accident can receive damages.
Pure Contributory Negligence
The third option is pure contributory negligence, which holds that a driver cannot be at fault at all if they want to recover damages. Even if a person is just 5% at fault for the accident, they cannot recover damages.
Contact an Attorney to Learn More
Now that you understand how strict comparative negligence works, you might wonder – how do I know my percentage of fault? That is something that will have to be determined by your attorney and your insurance company. You can contact Law Offices of Fernando D. Vargas at 909-982-0707 to request a free consultation and learn about the options.
