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The Role of Comparative Negligence in Proving Fault for Your California Accident

California accident law follows comparative negligence when it comes to determining who was at fault for an accident. If you were seriously injured in an accident and are in need of legal counsel, San Diego personal injury attorneys can help.

Accident Law: How Comparative Negligence Works

With comparative negligence, the individual who was injured in an accident could still recover damages even if they were partially at fault for the accident.

Comparative negligence has 3 variations: 

  • pure comparative negligence;
  • modified comparative negligence – 51% rule; and
  • modified comparative negligence – 50% rule.

In California accident law, the system followed is pure comparative negligence. It is one of 13 states that use comparative negligence.

An Overview of Pure Comparative Negligence

With pure comparative negligence, a judge or jury will be responsible for assigning a percentage of responsibility to each party that is involved in an accident.
Depending on the percentage assigned, damages will then be awarded.

While this can be good news for an injured party who is partially to blame for the accident, it can also significantly diminish the amount of compensation awarded. So if you were found to be 99% at fault for an accident and the damages equaled $10,000, you would only be able to recover $100.

This is why when it comes to proving negligence; you will want help from an attorney who handles personal injury cases. Many claimants mistakenly believe that proving fault will be easy. However there are so many factors that can play into a personal injury case that it may actually become quite challenging.

How San Diego Personal Injury Attorneys Can Help

When you have been seriously injured in an accident, you want to know you’ll receive the all the compensation you’re due. However trying to prove fault on your own can be very difficult and leave you on short on finances when it comes to recovering damages.

Personal injury attorneys in San Diego know the type of evidence that will help build a solid case. San Diego personal injury attorneys have extensive knowledge of local and state traffic laws, which could impact the direction of your claim.

Attorneys who specialize in personal injury cases will utilize all resources available to help prove negligence. This could include a police report and statements from witnesses. Additionally, an attorney can call on an accident reconstruction expert to help demonstrate who was at fault for the accident.

Contacting San Diego Personal Injury Attorneys

When the unthinkable happens and you or a loved one is injured in a California car accident, know that you don’t have to face this challenge alone. The personal injury lawyers at the law offices of Keith J. Stone are here to provide all of the information you need about California accident law so you can make informed choices about your personal injury claim. We even offer a FREE auto accident guide for Southern California residents. If you’re looking for personalized care and attention at this vulnerable time, contact our offices today – 619-531-2022 or toll free at 888-59-HELP-NOW.

The San Diego-based Office of attorney Keith J. Stone serves the following areas in Southern California:

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