What happens when both people are at fault for an accident?

On Behalf of | Jul 8, 2021 | Personal Injury |

People in California are not perfect and make mistakes from time to time. This is part of being human and it is understandable that mistakes occur. Some of the mistakes are relatively harmless and do not affect people’s lives. However, other mistakes can lead to serious accidents leaving the people involved in the accident with significant injuries. This is very unfortunate and can leave the victims of the accidents in very difficult positions both physically and financially.

The victims of these accidents may be entitled to compensation for the damages they suffer, but they need to prove that the other person was negligent. To do this they need to prove that the person had a duty to either act or not act in a certain circumstance and that they breached that duty. They also need to prove that by breaching that duty, they caused the accident and the victim suffered injuries as a result. An example would be someone running a red light. The driver with the red light has a duty to stop, if they do not and cause an accident they may be required to compensate the victim for their injuries and other damages.

Comparative negligence basics

Not all accidents are as easy to determine fault as someone running a red light though. Sometimes both the victim and the other person have some fault for the accident occurring. In these situations, the victim’s award could be reduced by the percentage of fault they had for the accident. California is a pure comparative negligence state, which means that even if a person is 99% at fault for an accident, they could still recover 1% of the damages for the part that they did not cause.

There are many accidents in California and they are usually caused by someone’s negligence. The victims of these accidents can suffer serious injuries and incur significant medical bills as a result. They also may miss time at work and lose income as well. It is important that people receive compensation for their financial losses. While it does not heal injuries, it can still be very valuable as people recover from their injuries. Determining fault and the amount of damages can be complicated though and consulting with experienced attorneys could be beneficial.