Blog

Shared Fault in California: Understanding the Concept That Could Have a Huge Impact on Your Case

After being involved in any type of accident, you may start to wonder if you have grounds for a lawsuit. Most people do this if there was someone who was at fault for their accident, whether due to negligence or recklessness. However, people often assume that if they are partially at fault for their own accident then they have no options. The good news is that this is inaccurate, thanks to a concept known as shared fault.

Defining negligence

First, let us discuss what the word negligence means from a legal stand point. To put it simply, it means that a person did not use the level of care that a reasonable person would in the same situation or a similar situation. One example is a person who texts while they are driving. They are not using the same level of care that a reasonable person would. Another example is an owner of a business spilling a slippery substance and not cleaning it up. In both of these cases, if a person was injured as a result of those actions, then they would likely have grounds for a personal injury case.

That said, not all cases are that simple. Not all cases involve one person at fault. It is common for a car accident to have no clear at-fault party. Sometimes it is just what it sounds like – an accident – and no one could have prevented it. In other cases, more than one person is at fault – that is what is known as shared fault.

Shared fault in California

Most states, including California, have shared fault. The result is that if you are found to be partially at fault for an accident and receive damages for that accident, the amount your recover will be reduced by your percentage of fault. This may seem strange but the reason behind it makes sense – if a person does wrong and causes an accident, they should be held responsible, but only for the percentage of the damage they actually caused.

Assigning fault can be tricky

In many cases, it is challenging to assign fault. Consider the above example in which a person is texting and driving and is involved in an accident. It turns out that the other driver was driving recklessly. They are both to blame for the accident because if the texter had been paying attention they could have avoided the reckless driver. But how much is each party at fault?

The answer to that question is not simple. In fact, if you settle your case then it will be the main deciding factor in your damages. If a jury decides the case then they will have to assign blame to each party involved. If you are facing any type of personal injury case and are not sure where the fault lies, we encourage you to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free consultation.