Navigating the aftermath of a vehicle accident can be overwhelming, especially when it comes to understanding who is responsible for your injuries and damages. California follows a “pure comparative negligence” rule, which can impact how much compensation you receive. 

At Petrov Personal Injury Lawyers, we have years of experience helping clients in San Diego understand their rights and navigate complex legal situations like these. We’re dedicated to providing clear explanations and strong representation to help you secure the best possible outcome for your case. We will fight tirelessly to ensure you receive the maximum compensation possible.

What is Negligence?

Negligence means someone acted carelessly, and that carelessness caused harm to another person. To prove negligence in a personal injury case, you typically need to establish the following:

  • Duty of care: The at-fault party had a responsibility to act with reasonable care towards others.
  • Breach of duty: They failed to meet that responsibility.
  • Causation: Their breach of duty directly caused your injuries.
  • Damages: You suffered actual harm, such as medical bills, lost wages, and pain and suffering.

What is Pure Comparative Negligence in California?

California’s pure comparative negligence rule means that even if you are partially at fault for an accident, you can still recover damages. Your compensation will be reduced based on your percentage of fault.

Let’s say you’re in a car accident in San Diego and suffer $100,000 in damages. If the court determines you were 30% at fault and the other driver was 70% at fault, you can still recover 70% of your damages ($70,000).

How Does The Pure Comparative Negligence Rule Affect My Case?

The pure comparative negligence rule can significantly impact your personal injury case in California. Insurance companies often try to shift blame onto the injured party to minimize their payout. Having an experienced attorney on your side can help you:

  • Gather evidence: We’ll thoroughly investigate the accident to gather evidence that supports your claim and accurately reflects your level of fault.
  • Negotiate with insurance companies: We’ll skillfully negotiate with insurance adjusters to ensure your percentage of fault is fairly assessed.
  • Present your case in court: If necessary, we’ll effectively present your case in court to protect your rights and maximize your compensation.

Common Scenarios Where Comparative Negligence Applies

Comparative negligence can come into play in various accident scenarios. It applies in many situations where fault is shared. For example, in car accidents, it helps determine who is responsible when multiple drivers contribute to a crash. In slip and fall cases, it assesses if a property owner and the injured person were both negligent. It also comes up in medical malpractice, where a patient’s actions might have contributed to their injury alongside a doctor’s error. Even in workplace accidents, it can determine if both the employer and employee share blame. 

Some of the most common types of comparative negligence include:

  • Car accidents: Distracted driving, speeding, or failing to yield the right of way can contribute to your percentage of fault.
  • Slip and fall accidents: Not paying attention to your surroundings or wearing inappropriate footwear could be considered contributing factors.
  • Pedestrian accidents: Jaywalking or not using crosswalks can affect your level of fault.
  • Bicycle accidents: Not wearing a helmet or riding against traffic may contribute to your percentage of fault.

Understanding how comparative negligence applies to your specific situation is crucial. Contacting Petrov Personal Injury Lawyers can help you assess your case and understand your options.

Even if you believe you share some responsibility for the accident, don’t let that discourage you from seeking compensation. California’s pure comparative negligence rule allows you to recover damages even if you were partially at fault.

Contact Petrov Personal Injury Lawyers Today!

If you’ve been injured in San Diego, contact the attorneys at Petrov Personal Injury Lawyers. Our experienced team will thoroughly investigate your case, accurately assess your degree of fault, and fight tirelessly to maximize your compensation.

We’ll guide you through the process, protect your rights, and help you secure the best possible outcome for your case. Don’t let partial responsibility deter you from seeking justice!