California is a comparative negligence state, which means that fault and liability for damages are apportioned between the plaintiff and defendant in an accident based on their percentage of fault. This differs from states with contributory negligence rules, where a plaintiff who is even 1% at fault for an accident would be completely barred from recovering any damages from the defendant.
How Fault is Determined
In California, the judge or jury must determine the percentage of fault attributable to each party in an accident. They will consider the actions of each party leading up to the accident, and who was primarily responsible.
For example, if a driver runs a red light and hits a pedestrian, the driver may be found 80% at fault. But if the pedestrian was jaywalking when they were hit, they may share 20% of the fault.
Factors Considered in Apportioning Fault
There are several factors the courts consider when determining percentages of fault, including:
- Which party’s actions actually caused the accident. The person whose actions were the primary cause of the crash will likely bear more fault.
- Which party violated traffic laws or safety rules. If one driver ran a stop sign, for example, they would bear more fault than the driver who had the right of way.
- Whether a party could have prevented the accident using reasonable care. Someone may bear more fault if they were distracted or not paying attention before an accident.
- The relative ages of the parties involved. Minors may be held to a lower standard of care.
- If intoxication was involved. An intoxicated party will generally shoulder more fault.
- If a car manufacturer produced a defective product that caused damages. Product liability may rest primarily with the manufacturer.
- Aggravating circumstances like road rage or reckless behavior. This can increase a party’s percentage of fault.
- Any other facts or conduct that help explain each party’s role in the accident.
Comparative Negligence in Practice
Once percentages are determined, the damages awarded to the plaintiff are reduced by their percentage of fault. Some examples:
- If the plaintiff is awarded $100,000 in damages but was 25% at fault, their recovery is reduced by 25% to $75,000.
- If the plaintiff is 49% at fault for the accident, they can still recover 51% of damages from the primary at-fault driver.
- If the plaintiff is 50% or more at fault, they generally cannot recover any damages per California’s modified comparative fault rule.
This means plaintiffs must carefully review the evidence and circumstances to build the strongest case possible attributing maximum fault to the other driver. An experienced car accident lawyer Los Angeles CA can help construct the most compelling argument to minimize your percentage of fault.
Potential Defenses Alleging Plaintiff Negligence
In auto accident lawsuits, defense lawyers will often argue the plaintiff shared fault through negligent driving or other actions. Common defenses alleging plaintiff negligence include:
- Failure to yield right of way
- Ignoring traffic signals or stop signs
- Speeding or driving aggressively
- Distracted or drowsy driving
- Driving under the influence
- Unsafe lane changes
- Passing on the right
- Improper turning
- Following other vehicles too closely
- Illegal parking blocking traffic
The defense may also try to allege improper maintenance of the plaintiff’s vehicle contributed to the accident, such as bald tires or defective brakes.
Plaintiff attorneys can counter such arguments by presenting evidence and testimony showing the plaintiff acted reasonably and the defendant’s actions were the main cause of the crash.
Types of Evidence Used to Prove Fault
Several forms of evidence can be used to prove each party’s fault percentage in an accident case:
Police Reports
Police reports provide official documentation of the accident circumstances and which party was ticketed. This evidence can help establish whether a driver violated traffic laws like running a red light. However, police reports do not make final determinations on overall fault.
Witness Statements
Witnesses to the accident can provide sworn statements on what they saw, such as how fast each vehicle was traveling. This evidence can prove valuable in allocating fault.
Expert Testimony
Accident reconstruction experts can analyze physical evidence and the accident scene to provide opinions on each party’s actions. Medical experts may also testify on the nature of injuries.
Photographs and Video
Photos and video footage from traffic cameras or other sources can visually establish key facts. For example, a video may show precisely when the lights turned red.
Vehicle Telematics or Black Box Data
Many modern vehicles have black boxes recording speed, braking and other telematics data. This electronic evidence can scientifically show driving behavior prior to a crash.
The Importance of Experienced Legal Representation
Successfully proving comparative negligence requires comprehensive legal skills and accident investigation. An experienced personal injury lawyer can make all the difference through:
- Thoroughly inspecting and documenting the accident scene before evidence is lost or altered.
- Interviewing eyewitnesses and obtaining sworn statements while memories are fresh.
- Consulting with medical experts to prove the extent of injuries suffered.
- Retrieving and analyzing vehicle telematics data, traffic camera footage, and other digital evidence.
- Developing detailed accident reconstructions illustrating each party’s actions.
- Finding and questioning all relevant witnesses from first responders to other motorists.
- Researching the driving history and any previous infractions of the defendant.
- Submitting evidence preservation letters to prevent spoliation by the defense.
- Understanding what facts judges and juries find most compelling in apportioning negligence.
- Skillfully refuting defendant claims of plaintiff negligence during cross-examination.
- Maximizing recovery by securing the largest financial award achievable.
Call the Experienced Lawyers at Karns & Karns Personal Injury and Accident Attorneys
Determining fault percentages in California negligence cases can be complex. An experienced car accident attorney Los Angeles CA from our law firm can carefully investigate your accident to build the strongest case possible attributing maximum fault to the other driver. We have a long record of success negotiating strong settlements for accident victims.
Call today for a free consultation at 800-4THE-WIN (800-484-3946) to discuss your options. Don’t leave compensation for your injuries in the hands of insurance companies. The lawyers at Karns & Karns Personal Injury and Accident Attorneys are here to fight for the maximum recovery you deserve.
