What is a Shared Fault Law and How Can it Affect Your Personal Injury Claim?
Personal injury accidents are not always cut and dry. In California, shared fault laws can affect the outcome of your case. Aggressive insurance companies will use shared fault to their advantage, to minimize their client’s responsibility and damages payout. If you have been injured and are pursuing a personal injury claim, working with a highly experienced personal injury attorney at a reputable personal injury law firm can help you navigate the complexities of shared fault to ensure that you find justice in your case.
What is Shared Fault?
Shared Fault, or comparative negligence, is a law that allows for both the plaintiff and the defendant to be held partially liable for damages. In a situation where both parties were negligent, the court can issue percentages of fault, requiring each party to pay damages to the other, or mitigating the liability of the defendant. Comparative negligence follows the general understanding that the plaintiff does not have the right to recover what they contributed to the accident.
California is among the few states that abide by a “Pure” comparative fault rule which allows the defendant to recover some damages even if they are mostly at fault for the incident.
When Can Shared Fault Occur?
Shared fault can be found in many types of California personal injury cases. While most commonly seen in car accident claims, other common shared fault cases include:
Who Decides Percentages of Fault?
If you were injured in an accident that was caused by a drunk driver, but you were also driving distracted and did not see the other car, how much of the fault is placed on you versus the defendant must be decided. Typically, it is the judge or a jury who reviews the facts and makes an informed decision about the role each party played in the accident.
When your case goes to settlement or trial, your attorney will be able to negotiate the percentages of fault for your case. It may be found that the drunk driver in the example above was 80% at fault for the accident, and you were 20% at fault for driving distracted. The damages you receive would be reduced by the amount of 20%.
Every personal injury accident is unique and there is no absolute method to appropriating fault. With many factors that can influence comparative negligence in a case, it is important to have the support of a legal team who has the ability to advocate for you against large insurance agencies and big companies.
How We Can Help
If you have been injured by the negligence of another person in California, contact Rodriguez & Associates today at (661) 323-1400 or by filling out this online form. Our team of Bakersfield, California personal injury lawyers is skilled at handling all types of personal injury claims including those that involve shared fault, with the goal of securing the most possible damages for you as you recover.