There is a common misconception about accidents that leads people to believe that if they were at-fault, then they cannot sue for damages. In the state of California, this is often false. While the specifics will vary based on your case, you can likely sue for damages even if you were partially at-fault. Keep reading to learn more and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for your free legal consultation.
There Are Three Legal Methods of Allocating Fault
Not all states have the same way of allocating fault. There are three main options used in various parts of the United States. They include:
- Comparative Fault. This system holds a person responsible for an accident to the extent that they are at fault. This option is broken down into pure and modified comparative fault. Both assign a percentage of fault to the plaintiff and defendant. If it is a pure comparative fault system, the plaintiff will recover from the defendant to the percentage the defendant was at fault. In a modified comparative fault system, the plaintiff can only recovery damages if they were found to be less than 50% at fault.
- Contributory Negligence. This involves a system in which an injured party cannot be even 1% at fault for their accident and recover damages. There is an exception, which is known as the Last Clear Chance Rule, and holds that if the person who caused the majority of the injury had the last clear chance to prevent the injury, then the person who was injured may be able to recover damages.
- Joint / Several Liability. This rule allows for an injured person to recover the entire amount of their damages from any person who injured them if there were serval injuring parties. They can recover the entire amount from one party, no matter what that party’s percentage of fault was.
California Uses a Pure Comparative Negligence System
In the state of California, a pure comparative negligence system is used. This means that if you are in a car accident and contributed to the accident, you could potentially still hold others at fault. For example, if you were texting while driving but the other driver ran a red light, you would both be partially at fault for the accident.
For specific types of damages, California also follows a specific form of joint / several liability. This applies only to damages that can be calculated specifically, such as medical bills, property damage, and lost earnings. In the event that several other people were partially at fault, you can potentially recover all of these specific damages from any of the at-fault parties, regardless of their specific level of fault.
Do you have questions about suing for damages? Do you have an accident case that requires the help or advice of a personal injury attorney? Then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation today.
