Early one morning, you are out for a jog. As you approach an intersection, you notice a no-walk red traffic signal against you. There are no cars approaching on the horizon so you decide to keep jogging and enter the crosswalk against a no-walk red traffic light.
At the same time, a driver exits the corner gas station and tries to beat the yellow traffic signal against him. However, he is too late and runs a red light. In the process of going through the intersection, the driver hits you while you tie your shoelaces in the middle of the crosswalk. Does this sound a little far-fetched? Maybe but, do you still have a claim against the driver, even though you are partially at fault?
California is a pure comparative fault state. This means that you can still make a personal injury claim against the driver even if you were partially at fault. However, your recovery will be reduced by the amount of your fault. For example, you file a lawsuit and go to trial. The jury awards you $100,000 but also finds you to be 25 percent at fault for the accident. Your award will be reduced by 25 percent or $25,000.
How can an injured party be partially at fault for an accident? Although there is no hard and fast rule in determining whether an injured party was at fault or how much comparative fault will be attributed to that person, here are some examples of what can constitute comparative fault: driving too fast; wearing no seat belt; failing to signal; being inattentive; lack of visibility; running into the street; jaywalking; or entering a crosswalk against a no-walk red signal.
It is important to know how pure comparative fault works because you may still be able to seek compensation for your medical bills, pain and suffering and loss of income if you are injured in an accident but are partially at fault.
The pure comparative fault system has not been adopted by all the States. This article strictly talks about California law. Laws in other states may differ. This article is for educational purposes only and is not meant to serve as legal advice.
For more information, please call Mason Rashtian of The Mason Law Firm at 661-362-0805 or email mr.law@scvlawcenter.com .