When you are involved in an accident, it is imperative to take the correct steps to protect yourself. One aspect of filing an injury claim many are unfamiliar with is the different negligence statutes that must be considered in personal injury cases. The following blog explores what you should know about these matters in California and how our Irvine personal injury lawyers can help you during these complex matters.
When hurt in an accident, you must be able to prove that the other party was negligent. This means that you must show that the other party had a duty of care to you, they breached that duty, their actions caused your injuries, and as a result, you suffered damages (such as an injury).
However, it is imperative to understand that you can also be held liable if it is determined that you contributed to the accident in any way. As such, different states have varying negligence laws in place to hold people liable for their contributions to accidents.
The first negligence statute, contributory negligence, is only adhered to by a handful of states because this prohibits anyone deemed even somewhat responsible for their accident to be barred from collecting compensation. Essentially, if someone is found to be 1% liable, they will not be allowed to recover compensation for the injuries and damages they endured.
California adheres to a pure comparative negligence statute, meaning that if you are determined to be partially liable for the injuries you endured, you still recover compensation regardless of your fault in the accident. As such, you can be deemed 99% responsible and still collect up to 1% of the compensation. The compensation you recover will simply be reduced by your percentage of fault in the accident. However, most states cap the percentage of fault someone can have at 50% or 51% before they are barred from collecting compensation.
If you are hurt in an accident, it is imperative to connect with an experienced attorney who can help you through these complicated matters. An attorney will work with you to collect evidence and gather proof to help show the other person was negligent in their actions, thus helping fight for you to recover the most compensation possible.
At California Personal Injury Law Firm, APC, we understand how frustrating it can be to learn that the other party is trying to reduce the compensation you deserve by claiming you are responsible for the injuries you endured. Our team will do everything possible to assist you through these matters. If you have sustained injuries, contact us today to discuss your situation.
© 2025 California Personal Injury Law Firm, APC. All rights reserved.
