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Pure Comparative Negligence

personal injury attorney La Mesa

When you have been in a collision, one of the first questions asked is “who is at fault.” But what happens when you are involved in a collision where the fault is not clear cut? Reaching out for advice from an experienced personal injury attorney can be imperative in receiving compensation for damages you sustained.

When it comes to determining fault in collisions, the type of insurance laws your state follows can make or break your case. California follows a system known as pure comparative negligence. Pure comparative negligence, or comparative fault, is a system that attributes a percentage of fault to every party involved in a collision. The system allows for parties to collect on damages if a percentage of fault has been placed on that party.  However, if both parties are deemed at fault, they are only liable for the percentage of fault that has been attributed to them.

Acclaim Law Group recently settled a case in which our client and the third-party were both placed at a certain percentage of fault. Nonetheless, there was evidence which revealed that, despite both parties being placed at fault, the other party had been more negligent, and our client was able to seek care for her injuries and reach a proper settlement.

In stark contrast, other states follow a contributory negligence system. Contributory negligence “prohibits drivers in an accident from recovering any compensation for their damages if they’ve been found to have contributed to the accident in anyway.”  [i] There are also states that follow a “modified comparative negligence” system, which prohibits drivers from collecting damages if they are deemed, in some states, “50 percent” at fault[ii], and in other states, “51 percent” at fault[iii].

If another person’s negligence caused you injury, a personal injury attorney La Mesa can help you obtain compensation for damages you have sustained. If you have any questions or concerns regarding your vehicle collision, a personal injury lawyer at Acclaim Law Group will answer all your questions and work with you to get the answers you need. Please call (858) 252-0781 and set up a free consultation.

Disclaimer: While we always seek to establish accuracy when publishing articles, this piece is not intended to provide legal advice, and should not be used as such. Each individual case will differ and should be discussed with an attorney or legal expert. If you would like to inquire about pursuing a claim, please contact us at (858) 252-0781 or email brett@acclaimlaw.com

 

Resources:

[i] Penny Gusner – https://www.carinsurance.com/kb/state-list-of-negligence-laws

[ii] Penny Gusner – https://www.carinsurance.com/kb/state-list-of-negligence-laws

[iii] Penny Gusner – https://www.carinsurance.com/kb/state-list-of-negligence-laws

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