Does California Have Comparative Negligence? Yes, California operates under a pure comparative negligence system, meaning you can recover damages even if you were partially at fault for an accident. At COMPARE.EDU.VN, we provide a comprehensive overview of California’s negligence laws to help you understand your rights and options. Explore the nuances of liability, damage recovery, and legal strategies with insights into settlement negotiations, maximizing compensation, and understanding legal precedents.
1. Understanding Comparative Negligence in California
Comparative negligence is a legal principle used in personal injury cases to determine how much compensation a plaintiff can recover when they are partially at fault for the incident that caused their injuries. The core idea is to allocate responsibility for damages based on the percentage of fault of each party involved. This system allows for a more equitable distribution of financial burdens resulting from accidents.
1.1. What is Comparative Negligence?
Comparative negligence, in essence, is a method of assigning responsibility for damages in an accident or injury case. It acknowledges that more than one party might be at fault and seeks to distribute the financial burden accordingly. Instead of barring recovery if the plaintiff is even slightly at fault, comparative negligence allows them to recover damages, albeit reduced by their degree of fault.
1.2. The Pure Comparative Negligence Rule
California adheres to the pure comparative negligence rule, as codified in California Civil Code section 1714. This means that a plaintiff can recover damages even if they were 99% at fault for the accident. The compensation they receive will be reduced by their percentage of fault. This system is more lenient than modified comparative negligence rules, which prevent recovery if the plaintiff’s fault exceeds a certain threshold (usually 50% or 51%).
Understanding Pure Comparative Negligence in California
1.3. How Does Pure Comparative Negligence Work?
Under pure comparative negligence, the court calculates the total damages suffered by the plaintiff and then reduces that amount by the percentage of fault attributed to the plaintiff. For example, if a plaintiff suffered $100,000 in damages but was found to be 30% at fault, they would recover $70,000. The calculation is straightforward:
Total Damages – (Total Damages x Plaintiff’s Percentage of Fault) = Recoverable Damages
- Example:
- Total Damages: $100,000
- Plaintiff’s Fault: 30%
- Recoverable Damages: $100,000 – ($100,000 x 0.30) = $70,000
1.4. States with Similar Laws
Several other states also follow the pure comparative negligence rule, including:
- Alaska
- Arizona
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- South Dakota
- Washington
1.5. Examples of Pure Comparative Negligence in Action
To better understand how pure comparative negligence works in practice, consider the following scenarios:
- Car Accident:
- Scenario: A driver runs a red light but is hit by another driver who was speeding.
- Outcome: The speeding driver can still recover damages, but their compensation will be reduced based on their percentage of fault for speeding.
- Slip and Fall:
- Scenario: A customer slips and falls in a store due to a wet floor, but they were also not paying attention because they were looking at their phone.
- Outcome: The customer can recover damages for their injuries, but the compensation will be reduced based on their degree of fault for not paying attention.
- Medical Malpractice:
- Scenario: A patient does not fully disclose their medical history, contributing to a misdiagnosis by the doctor.
- Outcome: If the doctor is found negligent, the patient can still recover damages, but it will be reduced based on their contribution to the misdiagnosis.
- Construction Accident:
- Scenario: A construction worker fails to follow safety protocols but is injured due to the negligence of a site supervisor.
- Outcome: The worker can recover damages, but it will be reduced based on their failure to adhere to safety protocols.
2. Key Differences: Pure vs. Modified Comparative Negligence
Understanding the nuances between pure and modified comparative negligence is crucial for anyone involved in a personal injury claim. These two systems differ significantly in how they treat plaintiffs who are partially at fault for their injuries.
2.1. Understanding Modified Comparative Negligence
Modified comparative negligence sets a threshold for the plaintiff’s fault. If the plaintiff’s fault exceeds this threshold, they are barred from recovering any damages. There are two main types of modified comparative negligence rules:
- 50% Bar Rule: The plaintiff can recover damages as long as their fault is not greater than 50%. If they are 51% or more at fault, they recover nothing.
- 49% Bar Rule: The plaintiff can recover damages as long as their fault is not greater than 49%. If they are 50% or more at fault, they recover nothing.
2.2. Comparing Pure and Modified Systems
| Feature | Pure Comparative Negligence | Modified Comparative Negligence |
|---|---|---|
| Fault Threshold | No threshold; plaintiff can recover damages even if they are 99% at fault. | Threshold exists; plaintiff’s fault must be below a certain percentage (usually 50% or 51%) to recover damages. |
| Recovery Possibility | Plaintiff can always recover damages, though reduced by their percentage of fault. | Plaintiff can only recover damages if their fault is below the set threshold. |
| States Using | California, Alaska, Arizona, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, Washington. | Most other states, including Texas, Illinois, and North Carolina, use some form of modified comparative negligence. |
| Impact on Compensation | Compensation is always reduced by the plaintiff’s percentage of fault. | If the plaintiff is over the fault threshold, they receive no compensation. If under the threshold, compensation is reduced by their percentage of fault. |
| Complexity in Application | Relatively straightforward; the focus is on accurately determining the percentage of fault for each party. | Can be more complex, as the initial determination of whether the plaintiff meets the fault threshold can significantly impact the case. |
| Strategic Implications | Encourages parties to focus on accurately assessing fault, as any degree of fault still allows for some recovery. | Parties may aggressively argue about whether the plaintiff meets the fault threshold, as this determination can completely bar recovery. |
| Fairness | Considered fair by some because it allows for some recovery regardless of fault, as long as the defendant was also negligent. | Can be seen as unfair because it can completely bar recovery for a plaintiff who is only slightly more at fault than the defendant. |
2.3. Examples Illustrating the Differences
- Scenario 1:
- Facts: A pedestrian is jaywalking but is hit by a speeding car. The pedestrian is found to be 60% at fault, and the driver is 40% at fault. The pedestrian’s damages are $100,000.
- Pure Comparative Negligence (California): The pedestrian recovers $40,000 ($100,000 – $60,000).
- Modified Comparative Negligence (50% Bar): The pedestrian recovers nothing because they are more than 50% at fault.
- Scenario 2:
- Facts: A motorcyclist is lane-splitting illegally but is hit by a car that changes lanes without signaling. The motorcyclist is 30% at fault, and the car driver is 70% at fault. The motorcyclist’s damages are $50,000.
- Pure Comparative Negligence (California): The motorcyclist recovers $35,000 ($50,000 – $15,000).
- Modified Comparative Negligence (50% Bar): The motorcyclist recovers $35,000 ($50,000 – $15,000).
2.4. Strategic Implications for Personal Injury Claims
In pure comparative negligence states like California, it is still crucial to minimize your fault. While you can recover damages even if partially at fault, the higher your percentage of fault, the lower your compensation will be. In modified comparative negligence states, avoiding exceeding the fault threshold is critical, as exceeding it bars you from any recovery.
2.5. Importance of Legal Counsel
Navigating the complexities of comparative negligence laws can be challenging. An experienced personal injury attorney can help you understand how these laws apply to your specific case, gather evidence to support your claim, negotiate with insurance companies, and represent you in court if necessary. They can help you minimize your fault and maximize your compensation.
3. Types of Negligence
Understanding different forms of negligence is vital in determining liability and compensation in personal injury cases. Various types of negligence can influence how fault is assessed and damages are awarded.
3.1. Ordinary Negligence
Ordinary negligence involves a failure to exercise the level of care that a reasonable person would exercise under similar circumstances. This is the most common type of negligence and forms the basis of many personal injury claims.
- Example: A driver fails to stop at a red light, causing a collision. The driver’s failure to obey traffic laws constitutes ordinary negligence.
3.2. Gross Negligence
Gross negligence involves a higher degree of carelessness than ordinary negligence. It is characterized by a reckless disregard for the safety and well-being of others.
- Example: A surgeon operates on the wrong patient because they failed to verify the patient’s identity. This egregious error demonstrates a reckless disregard for patient safety.
3.3. Willful Negligence
Willful negligence involves an intentional act of negligence with a conscious disregard for the probable consequences. This type of negligence often leads to punitive damages in addition to compensatory damages.
- Example: A landlord knowingly fails to repair a hazardous condition, such as exposed wiring, which leads to a tenant’s injury. The landlord’s awareness of the hazard and intentional failure to address it constitutes willful negligence.
3.4. Vicarious Negligence
Vicarious negligence holds one person or entity responsible for the negligent actions of another. This is often seen in employer-employee relationships or parent-child relationships.
- Example: An employer may be held liable for the negligent actions of an employee if the employee was acting within the scope of their employment when the negligence occurred.
3.5. Negligence Per Se
Negligence per se occurs when a person violates a law or statute designed to protect the public, and that violation results in injury. The violation itself is considered evidence of negligence.
- Example: A pharmacy dispenses medication without a prescription, violating state pharmacy laws. If a patient is harmed as a result, the pharmacy is negligent per se.
3.6. Importance of Identifying the Type of Negligence
Identifying the type of negligence is crucial because it can affect the amount of compensation a plaintiff can recover. Gross negligence and willful negligence may lead to higher damage awards, including punitive damages, which are designed to punish the defendant for their egregious conduct.
3.7. Role of Legal Counsel in Determining Negligence
An experienced personal injury attorney can help you determine the type of negligence involved in your case, gather evidence to support your claim, and advocate for your rights. They can assess the circumstances of the accident, review relevant laws and regulations, and consult with experts to build a strong case on your behalf.
4. Proving Negligence in California
To succeed in a personal injury claim in California, it is essential to prove that the defendant was negligent. This involves demonstrating the key elements of negligence, gathering evidence, and presenting a compelling case.
4.1. Elements of Negligence
To establish negligence, a plaintiff must prove the following four elements:
- Duty of Care: The defendant owed a legal duty to the plaintiff to act with reasonable care.
- Breach of Duty: The defendant breached that duty by failing to act with reasonable care.
- Causation: The defendant’s breach of duty was the direct and proximate cause of the plaintiff’s injuries.
- Damages: The plaintiff suffered actual damages as a result of the defendant’s negligence.
4.2. Establishing Duty of Care
Duty of care varies depending on the relationship between the plaintiff and the defendant. Some common examples include:
- Drivers: Owe a duty of care to other drivers, pedestrians, and cyclists to operate their vehicles safely.
- Property Owners: Owe a duty of care to visitors to maintain their property in a safe condition.
- Medical Professionals: Owe a duty of care to patients to provide competent medical care.
- Manufacturers: Owe a duty of care to consumers to produce safe products.
4.3. Demonstrating Breach of Duty
Breach of duty occurs when the defendant fails to meet the standard of care expected of a reasonable person in similar circumstances. Evidence of breach of duty may include:
- Witness testimony
- Police reports
- Surveillance footage
- Expert testimony
- Violation of laws or regulations
4.4. Proving Causation
Causation requires demonstrating that the defendant’s breach of duty was the direct and proximate cause of the plaintiff’s injuries. This involves showing that the injuries would not have occurred but for the defendant’s negligence.
- Direct Cause: The defendant’s actions directly led to the plaintiff’s injuries.
- Proximate Cause: The injuries were a foreseeable consequence of the defendant’s actions.
4.5. Establishing Damages
Damages refer to the actual losses suffered by the plaintiff as a result of the defendant’s negligence. These may include:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
4.6. Gathering and Presenting Evidence
Gathering and presenting compelling evidence is crucial for proving negligence. This may involve:
- Obtaining medical records and bills
- Collecting witness statements
- Securing police reports
- Taking photographs of the accident scene and injuries
- Consulting with experts
- Preserving physical evidence
4.7. Role of Legal Counsel in Proving Negligence
An experienced personal injury attorney can help you gather and present evidence, build a strong case, and advocate for your rights. They can assess the circumstances of the accident, investigate the facts, consult with experts, and negotiate with insurance companies to maximize your compensation.
5. Common Defenses to Negligence Claims
Defendants in negligence claims often raise various defenses to avoid or minimize liability. Understanding these defenses is essential for both plaintiffs and defendants in personal injury cases.
5.1. Contributory Negligence
Contributory negligence is a defense that asserts the plaintiff’s own negligence contributed to the accident and their injuries. In states that follow contributory negligence rules, any degree of fault on the part of the plaintiff can bar them from recovering damages. However, California follows the pure comparative negligence rule, so contributory negligence will only reduce the plaintiff’s compensation, not bar it entirely.
5.2. Assumption of Risk
Assumption of risk is a defense that argues the plaintiff knowingly and voluntarily assumed the risks associated with a particular activity. This defense is often used in cases involving sports injuries or recreational activities.
- Example: A skydiver who signs a waiver acknowledging the risks of skydiving may be barred from recovering damages if they are injured due to the inherent risks of the activity.
5.3. Statute of Limitations
The statute of limitations sets a time limit for filing a lawsuit. In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. If the plaintiff fails to file a lawsuit within this time frame, they may be barred from recovering damages.
5.4. Lack of Duty of Care
The defendant may argue that they did not owe a duty of care to the plaintiff. This defense often arises in cases where the relationship between the parties is unclear or where the defendant’s conduct was not the direct cause of the plaintiff’s injuries.
5.5. Superseding Cause
A superseding cause is an event that occurs after the defendant’s negligence and breaks the chain of causation, relieving the defendant of liability.
- Example: A driver negligently causes a minor accident, and the injured party is then struck by lightning while waiting for help. The lightning strike may be considered a superseding cause that relieves the driver of liability for the injuries caused by the lightning.
5.6. Comparative Fault
Comparative fault is not a complete defense but a method of allocating responsibility for damages. Under California’s pure comparative negligence rule, the defendant may argue that the plaintiff was also at fault for the accident and that their compensation should be reduced accordingly.
5.7. Sudden Emergency Doctrine
The sudden emergency doctrine applies when a person is faced with a sudden and unexpected emergency, and they act reasonably under the circumstances, even if their actions may have contributed to the accident.
- Example: A driver swerves to avoid hitting a child who runs into the street unexpectedly. If the driver’s actions result in an accident, they may be able to invoke the sudden emergency doctrine as a defense.
5.8. Importance of Legal Counsel in Addressing Defenses
An experienced personal injury attorney can help you anticipate and address potential defenses raised by the defendant. They can gather evidence to refute these defenses, present a strong case on your behalf, and advocate for your rights.
6. Impact on Different Types of Cases
Pure comparative negligence can significantly impact the outcome of various types of personal injury cases. Understanding how this legal principle applies to different scenarios is crucial for plaintiffs and defendants alike.
6.1. Car Accidents
In car accident cases, pure comparative negligence means that even if you were partially at fault for the collision, you can still recover damages. For instance, if you were speeding but were hit by a driver who ran a red light, you could still receive compensation, although it would be reduced by your percentage of fault for speeding.
6.2. Slip and Fall Accidents
Slip and fall accidents often involve questions of comparative negligence. If you slipped and fell on a wet floor but were not paying attention because you were looking at your phone, your compensation could be reduced based on your degree of fault for not being attentive.
6.3. Medical Malpractice Claims
In medical malpractice claims, pure comparative negligence can come into play if the patient contributed to their own injury. For example, if a patient failed to follow medical advice or provide accurate medical history, their compensation could be reduced based on their contribution to the injury.
6.4. Product Liability Cases
Product liability cases can also be affected by pure comparative negligence. If a consumer misused a product and was injured as a result, their compensation could be reduced based on their misuse of the product. However, manufacturers still have a duty to provide safe products and adequate warnings.
6.5. Workplace Accidents
Workplace accidents are often governed by workers’ compensation laws, which typically provide benefits regardless of fault. However, in some cases, an injured worker may be able to pursue a personal injury claim against a third party, such as a contractor or equipment manufacturer. In these cases, pure comparative negligence could apply if the worker was partially at fault for the accident.
6.6. Construction Accidents
Construction accidents can involve multiple parties and complex questions of negligence. If a construction worker is injured due to the negligence of a site supervisor but also failed to follow safety protocols, their compensation could be reduced based on their failure to adhere to safety protocols.
6.7. Bicycle Accidents
Bicycle accidents often involve questions of comparative negligence, especially if the cyclist violated traffic laws or failed to take necessary safety precautions. However, drivers still have a duty to share the road and exercise reasonable care to avoid hitting cyclists.
6.8. Pedestrian Accidents
Pedestrian accidents can also be affected by pure comparative negligence. If a pedestrian was jaywalking or failed to use a crosswalk, their compensation could be reduced based on their degree of fault for not following traffic laws.
6.9. Importance of Legal Counsel in Assessing Case Impact
An experienced personal injury attorney can help you assess the impact of pure comparative negligence on your specific case, gather evidence to support your claim, and advocate for your rights. They can evaluate the circumstances of the accident, review relevant laws and regulations, and consult with experts to build a strong case on your behalf.
7. Calculating Damages in Comparative Negligence Cases
Calculating damages in comparative negligence cases involves determining the total value of the plaintiff’s losses and then reducing that amount by their percentage of fault. This process can be complex and requires careful consideration of all relevant factors.
7.1. Types of Damages
Damages in personal injury cases typically fall into two categories: economic damages and non-economic damages.
- Economic Damages: These are tangible losses that can be easily quantified, such as:
- Medical expenses
- Lost wages
- Property damage
- Future medical expenses
- Future lost wages
- Non-Economic Damages: These are intangible losses that are more difficult to quantify, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
7.2. Determining Economic Damages
Determining economic damages involves gathering documentation and evidence to support the plaintiff’s losses. This may include:
- Medical bills and records
- Pay stubs and tax returns
- Property repair estimates
- Expert testimony
7.3. Assessing Non-Economic Damages
Assessing non-economic damages is more subjective and requires careful consideration of the plaintiff’s pain, suffering, emotional distress, and loss of enjoyment of life. Factors that may be considered include:
- Severity of the injuries
- Duration of the pain and suffering
- Impact on the plaintiff’s daily life
- Psychological and emotional effects
- Loss of relationships
7.4. Calculating Total Damages
Once all economic and non-economic damages have been assessed, they are added together to determine the total value of the plaintiff’s losses.
Total Damages = Economic Damages + Non-Economic Damages
7.5. Reducing Damages Based on Fault
Under California’s pure comparative negligence rule, the plaintiff’s total damages are reduced by their percentage of fault for the accident.
Recoverable Damages = Total Damages – (Total Damages x Plaintiff’s Percentage of Fault)
7.6. Examples of Damage Calculations
- Example 1:
- Economic Damages: $50,000
- Non-Economic Damages: $100,000
- Total Damages: $150,000
- Plaintiff’s Fault: 20%
- Recoverable Damages: $150,000 – ($150,000 x 0.20) = $120,000
- Example 2:
- Economic Damages: $25,000
- Non-Economic Damages: $75,000
- Total Damages: $100,000
- Plaintiff’s Fault: 50%
- Recoverable Damages: $100,000 – ($100,000 x 0.50) = $50,000
- Example 3:
- Economic Damages: $10,000
- Non-Economic Damages: $40,000
- Total Damages: $50,000
- Plaintiff’s Fault: 90%
- Recoverable Damages: $50,000 – ($50,000 x 0.90) = $5,000
7.7. Role of Legal Counsel in Damage Calculations
An experienced personal injury attorney can help you accurately assess your damages, gather evidence to support your claim, and negotiate with insurance companies to maximize your compensation. They can evaluate the full extent of your losses, consult with experts, and present a compelling case on your behalf.
8. The Role of Insurance Companies
Insurance companies play a significant role in personal injury claims, often handling negotiations, settlements, and litigation related to negligence cases. Understanding how insurance companies operate and how they assess liability is crucial for anyone involved in a personal injury claim.
8.1. Investigating Claims
Insurance companies conduct thorough investigations of personal injury claims to determine liability and assess damages. This may involve:
- Reviewing police reports
- Gathering witness statements
- Inspecting the accident scene
- Obtaining medical records and bills
- Consulting with experts
8.2. Assessing Liability
Insurance companies assess liability based on the available evidence and applicable laws. In California, this involves applying the pure comparative negligence rule to determine the percentage of fault for each party involved.
8.3. Negotiating Settlements
Insurance companies often attempt to negotiate settlements with injured parties to resolve claims without going to court. This may involve making an initial settlement offer and engaging in negotiations to reach a mutually agreeable resolution.
8.4. Denying Claims
Insurance companies may deny claims if they believe the insured party was not at fault, the injuries were not caused by the accident, or the damages are not supported by the evidence.
8.5. Defending Lawsuits
If a settlement cannot be reached, insurance companies may defend lawsuits filed against their insured parties. This involves hiring attorneys to represent the insured party in court and presenting a defense against the plaintiff’s claims.
8.6. Protecting Their Interests
Insurance companies have a financial interest in minimizing payouts and protecting their bottom line. As such, they may employ various tactics to reduce the value of claims, such as:
- Disputing the extent of the injuries
- Challenging the reasonableness of medical expenses
- Questioning the plaintiff’s credibility
- Delaying the claims process
8.7. Importance of Legal Counsel in Dealing with Insurance Companies
Dealing with insurance companies can be challenging and overwhelming. An experienced personal injury attorney can help you navigate the claims process, protect your rights, and advocate for your best interests. They can:
- Communicate with the insurance company on your behalf
- Gather and present evidence to support your claim
- Negotiate a fair settlement
- Represent you in court if necessary
8.8. Uninsured and Underinsured Motorist Coverage
If you are involved in an accident with an uninsured or underinsured driver, your own insurance policy may provide coverage for your injuries. Uninsured motorist (UM) coverage protects you if you are injured by an uninsured driver, while underinsured motorist (UIM) coverage protects you if you are injured by a driver who has insufficient insurance to cover your damages.
9. Seeking Legal Assistance in California
Navigating the complexities of personal injury law in California requires the assistance of experienced legal counsel. A skilled personal injury attorney can help you understand your rights, protect your interests, and maximize your compensation.
9.1. Benefits of Hiring a Personal Injury Attorney
Hiring a personal injury attorney can provide numerous benefits, including:
- Expertise in personal injury law
- Thorough investigation of the accident
- Gathering and preserving evidence
- Negotiating with insurance companies
- Representing you in court
- Maximizing your compensation
9.2. Finding a Qualified Attorney
Finding a qualified personal injury attorney is crucial for achieving a successful outcome in your case. Consider the following factors when selecting an attorney:
- Experience in personal injury law
- Reputation in the legal community
- Track record of success
- Communication skills
- Client testimonials
9.3. Contingency Fee Agreements
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they recover compensation for you. This arrangement allows you to obtain legal representation without paying any upfront fees.
9.4. Initial Consultation
Most personal injury attorneys offer a free initial consultation to discuss your case and assess its merits. This is an opportunity to ask questions, learn about your rights, and determine if the attorney is a good fit for you.
9.5. Steps to Take After an Accident
If you have been injured in an accident, take the following steps to protect your rights:
- Seek medical attention
- Report the accident to the police
- Gather information from the other parties involved
- Take photographs of the accident scene and injuries
- Contact an experienced personal injury attorney
9.6. Statute of Limitations Reminder
Remember that the statute of limitations for personal injury claims in California is generally two years from the date of the injury. It is important to consult with an attorney as soon as possible to ensure that your claim is filed within the time limit.
9.7. The Value of Experienced Legal Representation
An experienced personal injury attorney can make a significant difference in the outcome of your case. They can guide you through the legal process, protect your rights, and advocate for your best interests.
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FAQ: California Comparative Negligence
1. What is pure comparative negligence?
Pure comparative negligence is a legal principle that allows a plaintiff to recover damages in a personal injury case, even if they were partially at fault for the accident. The compensation they receive is reduced by their percentage of fault.
2. How does California’s pure comparative negligence law work?
In California, if you are found to be, say, 30% at fault for an accident, you can still recover 70% of your damages. This applies even if you were 99% at fault, though your recovery would be minimal.
3. What is the difference between pure and modified comparative negligence?
Pure comparative negligence allows recovery regardless of the plaintiff’s fault percentage. Modified comparative negligence bars recovery if the plaintiff’s fault exceeds a certain threshold (usually 50% or 51%).
4. What should I do if I think I was partially at fault for an accident?
Consult with a personal injury attorney. They can help you understand your rights, assess the impact of your fault on your claim, and negotiate with insurance companies.
5. How do insurance companies handle comparative negligence claims?
Insurance companies investigate claims to determine liability and assess damages. They apply the pure comparative negligence rule to determine the percentage of fault for each party and adjust the compensation accordingly.
6. Can I still recover damages if I was jaywalking when I was hit by a car?
Yes, under California’s pure comparative negligence rule, you can still recover damages, but your compensation will be reduced based on your percentage of fault for jaywalking.
7. What types of damages can I recover in a comparative negligence case?
You can recover both economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, emotional distress). Your total damages will be reduced by your percentage of fault.
8. How does assumption of risk affect a negligence claim?
Assumption of risk is a defense that argues you knowingly and voluntarily assumed the risks of an activity. If proven, it can reduce or bar your recovery, depending on the circumstances.
9. What is the statute of limitations for personal injury claims in California?
The statute of limitations is generally two years from the date of the injury. It’s important to consult with an attorney promptly to ensure your claim is filed on time.
10. How can COMPARE.EDU.VN help me understand comparative negligence?
COMPARE.EDU.VN provides clear, comprehensive, and objective comparisons to help you understand complex legal concepts like comparative negligence, empowering you to make informed decisions.
Conclusion
Understanding California’s pure comparative negligence law is essential for anyone involved in a personal injury case. This legal principle allows you to recover damages even if you were partially at fault for an accident, ensuring a fairer distribution of responsibility. At compare.edu.vn, we are committed to providing you with the information and resources you need to navigate the complexities of personal injury law. Remember, if you have been injured in an accident, seeking legal assistance from an experienced attorney can help you protect your rights and maximize your compensation.
