Comparative Negligence

San Diego Accident and Injury Attorney

Under California's personal injury laws, an injured party may still be entitled to financial compensation even if he or she was partially at fault. This is referred to as a comparative negligence system. For example, Linda may be involved in a car accident. The other driver may have rear-ended Linda's vehicle, but if it is found that Linda's brake lights were not working at the time of the collision, this may mean that she can be held partially liable. The amount of financial compensation Linda would be entitled to receive from the other driver would be reduced by whatever percentage she was found to be at fault. If she was found to be 40% at fault, for example, the other driver may be held accountable for paying 60% of her damages.

In a comparative negligence system, it is particularly important to involve an attorney who can work to prove that you were not at fault in causing the accident. The other party may try to prove that you are partially or entirely to blame, and without a San Diego personal injury lawyer to build evidence on your behalf that disproves their claims, you may find that your financial compensation is drastically reduced or that you are even held entirely accountable. Every case is different, of course, so we recommend contacting our firm to discuss your particular concerns and the circumstances surrounding your case.

Partially at fault? You may still be entitled to financial compensation.

California follows a comparative negligence system, and this is good news if you have been injured. For an injured party, a comparative negligence system is generally much preferred to a contributory negligence system. Under a contributory negligence system, an injured party may be unable to recover compensation if he or she is found to be even partially at fault for the incident that caused his or her injuries.

Whether you were injured in an auto accident, motorcycle accident, slip and fall or other incident that left you with serious injuries, you may be entitled to financial compensation even if you were partially responsible. For example, you may have been distracted, meaning that another driver's negligence led to your involvement in a car accident. You may not have been looking where you were going and tripped and fell on a defective stair at a restaurant. Though you may be partially to blame, you may still seek financial compensation. It may simply be reduced slightly based upon your level of involvement, or your own insurance policy may cover your portion of fault.

Personal Injury Lawyer Serving the Injured in San Diego

Make sure you do not wait to schedule a free consultation with San Diego injury attorney Mark Bush if you or someone you know was injured. Attorney Bush is familiar with our state's comparative negligence laws and can offer you the level of help you need.

Contact a San Diego personal injury lawyer today.