Pure Comparative Negligence and Modified Comparative Negligence: What is the Difference and How Does this Tort Principle Impact My Ventura Car Accident Case
When a person is injured in a car accident in California, they may question whether they were also partially at fault for causing an accident. Indeed, the truth of the matter is that car accidents may occur because of many factors, and it may be that you and the other driver contributed to the accident. This is where the law turns to a principle called “comparative fault,” when determining the value of your injuries. Disputing a “comparative fault” claim raised by an insurance company is not easy. What happens in these cases in Ventura under California personal injury laws? To help Ventura car accident victims better understand the important principle of comparative fault in California, we answer these questions here.
Fault in Ventura Car Accident Cases
There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. In states that follow the legal principle of pure comparative negligence, victims of serious and negligently caused car accidents can still sue another liable party for compensation. The principle of pure comparative negligence allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault. In other words, the amount of damages that the plaintiff can collect is limited based on the assigned fault determined by the court or in most cases, as arbitrarily determined by a claims adjuster.
On the other hand, in states that follow modified comparative negligence, car accident victims who were also at fault in the accident may not be able to recover compensation. In some states, a car accident victim may not be able to recover compensation if they were more than 50% at fault. In other states, a car accident victim may not be barred from recovering compensation if they were 51% or more at fault for the car accident.
Comparative Negligence and Ventura Car Accident Cases – Where Does California Law Land?
California follows a pure comparative negligence approach. Accordingly, victims of serious car accidents in Ventura who may be partially at fault may still be able to recover money compensation for their injuries.
If you were injured in a serious car accident in Ventura and you need legal help, contact the experienced Ventura car accident lawyers at Zavala Law, PC. The experienced Ventura car accident lawyers at Zavala Law, PC are here to help victims of car accidents in Ventura get justice for their injuries and losses. Contact Zavala Law, PC today and speak with a lawyer about your case now.
