Posted on March 28, 2013 in Personal Injury
Establishing Fault in a Car Accident Lawsuit
For injured parties suffering from car accident injuries to recover compensation, they must establish who was at fault for causing the accident. To determine fault, attorneys work to prove negligence, meaning they examine the each drivers’ potentially careless or reckless actions that led to the crash. How different states hold parties liable and how they allow parties to recover damages varies considerably.
Pure comparative negligence in California
Car accident injury lawyers in Riverside/> work diligently to identify negligent parties by investigating accident scenes, interviewing witnesses and having accident reconstruction engineers analyze the accident. The evidence gathering process can be extensive and focuses on proving negligence.
California courts determine fault based on a system known as pure comparative negligence. Using pure comparative negligence, courts assign all parties who contributed to the accident a percentage of fault. California does not prevent injured parties from recovering damages even if they were 99 percent at fault. However, courts reduce the amount of recoverable compensation according to the party’s fault percentage. Consequently, it may not be viable to pursue a case if the injured party was largely at fault.
This way of determining negligence arose out of a landmark case called Li v. Yellow Cab . In this California case, while Li was crossing three lanes of traffic to enter a gas station, she was struck by a Yellow Cab. The taxi driver was going too fast and ran a yellow light. The lower court rejected Li’s lawsuit based on her contributory negligence and she appealed to the California Supreme Court. The Supreme Court found both parties negligent but decided that section 1714 of the California Civil Cod which took an "all or nothing approach" to viewing negligence was inappropriate. It granted Li the right to recover damages.
Let us fight for you!
Larry H. Parker/> has law offices throughout California and for decades has successfully recovered compensation for clients injured in car accidents. We offer a free consultation to discuss your accident and you owe no fees unless we recover damages through settlement or verdict.
3600 Lime St, Riverside, CA 92501
For injured parties suffering from car accident injuries to recover compensation, they must establish who was at fault for causing the accident. The legal term for fault is negligence, and every state has its own laws that determine negligence. How different states hold parties liable and how they allow parties to recover damages varies considerably. California handles cases based on pure comparative negligence, a precedent that arose out of a California Supreme Court ruling. The Law Offices of