Many people think of car crashes as one-dimensional, where only one person is at fault. In reality, crashes often occur in grey areas where multiple parties may have been negligent. To address this, the State of California applies a law called “comparative negligence.” This law allows the court to calculate the amount owed by each party according to their degree of fault.
If you suspect you may have been partially at fault for a collision—no matter the percentage—this law ensures your settlement remains fair.
Let’s use a hypothetical situation to show how comparative negligence, also called comparative fault, works in Chico:
- DriverA is texting while driving.
- DriverB changes lanes without using a turn signal.
The court may determine Driver A is 70% at fault and Driver B is 30% at fault. If the total damages equal $100,000, Driver A would only be eligible to claim $30,000 (the portion for which they were not at fault), while Driver B could claim $70,000.
Even if you are 99% at fault, you are still entitled to recover the remaining 1% of damages under California law.
In short, comparative fault laws recognize that each person is responsible for their own actions and should recover damages according to their percentage of fault.
A car accident caused by texting and driving is a serious violation where you could be fully or largely at fault.
It’s also important to note that Chico follows pure comparative negligence. This means you can recover damages regardless of your level of fault, even if it’s 99%. Other states may follow modified comparative negligence, where a person cannot recover damages if they are found to be at least 50% or 51% at fault (depending on the state).
Understanding your state’s partial fault laws can help protect your rights and ensure fair accident settlements. Always consult a personal injury or car accident attorney in Chico to fully understand your legal options.
If you have been in a car crash in Chico, California, and need legal assistance, Marquez Law Offices has experienced car accident attorneys who will work in your best interest. Contact them today for legal guidance.
