Comparative Negligence in Westlake Village Car Accident Claims

If you were hurt in a car wreck that someone else directly caused by acting irresponsibly behind the wheel, you can file a claim against their auto insurance policy, and you can potentially file a civil suit against them as well to recover for losses not covered by insurance. However, one of the most common defense strategies that defendants in these cases use is to claim that the injured plaintiff suing them was at fault for causing their injuries through their own reckless or careless behavior.

In legal terms, comparative negligence refers to a situation in which an injured person bears some responsibility for their injuries. If you are not prepared for this concept when pursuing your claim, it could lead to you missing out on hundreds or even thousands of dollars in restitution. Here is a brief overview of the role of comparative negligence in Westlake Village car accident claims, as well as what our auto accident attorneys at Block LLP could do to help you avoid this procedural pitfall.

Why Might a Car Crash Victim Be Assigned Comparative Fault?

In general, comparative negligence in civil claims over Westlake Village auto accidents looks the same as traditional negligence. If you are involved in an accident while violating a traffic law, driving impaired by alcohol or drugs, driving distracted, or otherwise violating the duty of care you owe others around you to act responsibly on public roads, you could be assigned a share of comparative fault, even if you were injured in the wreck and now need to seek civil recovery for it.

However, it is important to emphasize that you can only be assigned comparative fault for negligence that directly contributed to a wreck. For example, if you were texting behind the wheel while stopped at a red light and another distracted driver rear-ended you, your behavior—while unlawful in California—did not play a role in causing the wreck, so you would likely not hold any comparative fault for your ensuing injuries.

Understanding the State’s Pure Comparative Fault System

Another important thing to know about the role of comparative negligence in Westlake Village car wreck lawsuits is that courts take a pure comparative fault approach, holding plaintiffs responsible for their own injuries. Under this system, you can still seek at least some civil compensation even if you are 99 percent at fault for your injuries, so long as someone else is at least one percent to blame.

Many other states prohibit people who bear the majority of the fault for their injuries from recovering any civil compensation for those injuries at all, so California is generous in this regard. However, minimizing the impact of comparative fault allegations on your recovery remains very important, and our team can provide irreplaceable assistance.

Contact a Westlake Village Attorney About the Role of Comparative Negligence in Your Car Accident Claim

Even though comparative negligence cannot completely eliminate your right to file suit over a car crash in California, the way it can in other states, it is still one of the biggest obstacles you may face when seeking civil recovery. Fortunately, you have help available from capable and compassionate legal counsel in fighting against accusations of comparative negligence in Westlake Village car accident claims.

A member of our team could answer any questions you have about comparative fault and offer further guidance about your legal options during a confidential consultation. Call Block LLP today to schedule yours.