California
Personal Injury Attorneys
Comparative Negligence
After proving a prima facie case of negligence (duty,
breach, causation, and damages), plaintiff must overcome any obstacles
to recovery raised by defendant.
One of the most common obstacles is comparative negligence, which reduces
plaintiffs monetary recovery if defendant can prove plaintiff
was also negligent to some degree.
Usually a defendant will contend a plaintiff's
own negligence in a specified percentage led to her injury, and the judge
or jury will reduce the total damages recovery by that same percentage
Examples of Comparative Negligence
Dangerous Dan, the driver of one automobile, is driving way too fast and
Negligent Nellie, the driver of a car coming from the other direction,
begins a left hand turn without looking to ensure it is safe to do so.
The two car crash and Nellie is hurt. Nellie's monetary recovery will
most likely be reduced by whatever a jury determines is the percentage
of her fault in relation to causing the accident.
In contrast to comparative negligence which is the law in California,
some states use the very old (and unfair) doctrine of contributory negligence.
Contributory negligence which prohibits any recovery at all if the claimant
contributed to the cause of the accident in any way.
Other states use a form of Modified Contributory Negligence in which the
claimant's recovery is barred only if he or she is more than 51% at fault
for causing the injury.
Email or Call For Free Consultation:
If
you or someone you know has been injured in an accident, our experienced and
professional personal injury lawyers are here to help.
Click the red
envelope above to request a confidential questionnaire from a personal injury
attorney in the Los Angeles, San Francisco, San Diego, and surrounding areas.
Or, feel free to call one of the local numbers listed below.
213-784-2574 |
Los Angeles, California Personal Injury Attorneys |
310-997-0237 |
West Los Angeles, Manhattan Beach, Malibu, Torrance, Santa Monica Injury Attorneys |
415-935-6904 |
San Francisco, California, Personal Injury Attorneys |
818-745-2777 |
Burbank, Van Nuys, Sherman Oaks, Encino, Woodland Hills, Westlake Village Lawyers |
626-797-2777 |
Pasadena, Glendale, San Gabriel, Alhambra Accident Lawyers |
562-270-2869 |
Long Beach Accident Attorneys |
714-982-4589 |
Anaheim, Huntington Beach, Santa Ana, Orange County Personal Injury Lawyers |
949-734-1584 |
Aliso Viejo, Capistrano, Costa Mesa, Irvine, Laguna, Mission Viejo, PI Attorneys |
661-877-4626 |
Bakersfield, Kern, Tulare, and Fresno Counties - Personal Injury Attorneys |
619-940-7771 |
San Diego Injury Lawyers Handling Auto Accidents, Truck Crashes, Wrongful Death |
619-940-7771 |
Del Mar, La Jolla, Poway, Rancho Santa Fe, Solana Beach - Personal Injury Lawyers |
760-705-8771 |
Encinitas, Escondido, Fallbrook, Lake Isabella, Oceanside, Palm Springs Injury Lawyers |
877-593-2777 |
All other California areas, including Agoura Hills, Santa Barbara, Thousand Oaks, Westlake Village and Oakland, California, Personal Injury and Accident Lawyers - Call Toll Free! |
