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Farar & Lewis LLP is a top rated law firm, with over 40 years of combined experience. Our attorneys have won over $100 million, in combined verdicts and settlements for our clients. You deserve compensation for your pain and suffering, and it's our job to get it for you.

A Practice Dedicated Exclusively To Helping Injury Victims

If you have been injured in an auto accident or another type of accident that you did not cause, it is important that you seek the advice of a qualified California personal injury attorney who knows the law and has the ability to secure the compensation you deserve. At the law firm of Farar & Lewis LLP, we represent Southern California clients through some of the most difficult times of their lives.

We know how overwhelming it can be for injury victims to deal with overzealous insurance adjusters who want to settle their claims for as little as possible. We take the burden of the legal issues off your shoulders and work directly with the insurance company to negotiate a settlement that provides the medical care and financial support necessary to facilitate your recovery. If a fair settlement cannot be negotiated, we will take your case to court.

Our Iron-Clad Commitment To YOU

We are committed to you and your right to no-nonsense legal representation, timely communication and full compensation. We pride ourselves on providing punctual and honest case assessments.

Our team of trial lawyers has over 40 years of combined experience, fighting on behalf of victims all over the state of California. get a free consultation

RECENT CASE RESULTS

Motorcyclist Suffers From Automobile Accident
600,000.00
SETTLEMENT
Premises Liability/Trip and Fall
300,000
SETTLEMENT
Premises Liability/Trip and Fall
1,300,000.00
SETTLEMENT
Auto vs. Auto
500,000
SETTLEMENT
Pedestrian suffers from automobile accident
240,000.00
SETTLEMENT
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What Does Comparative Negligence Mean When Determining Who Is Liable For A Traffic Accident In California?

The question of how fault is determined in personal injury cases, including traffic accidents, is critical in how decisions about settlements and verdicts are arrived at. The state of California uses a relatively unique system of comparative negligence. This means that juries are asked to determine what percent of responsibility a negligent party is considered to have contributed to an incident before awarding a judgment. For example, if a fleet operator were found to be 75-percent responsible in a case that led to $1 million in harm to a person, the company would be expected to $750,000 in damages.

History

The basic idea of traffic accident law in the United States is inherited from the English common law notion of personal injury. This is the notion that a negligent parties actions led in some way to someone being hurt, and the injured party has a right to sue for compensation for their pain, suffering and recovery. Well into the 1900s, many U.S. states continued to use a system that focused on contributory damages. This was the idea that if an injured party contributed at all to their own injuries, then no damages were awarded.

Most U.S. states began to realize how problematic this could be. If, for example, a driver hadn’t fully checked the area before making a left turn, a company could, in theory, be let off the hook for failing to fix the brakes on a semi. Clearly, in such an instance, most juries would consider the operator of the truck to be severely at fault.

Surprisingly, as other states adopted comparative structures for awarding damages, California continued to lag behind the nation. Frustrated with the inaction of the state legislature, California’s Supreme Court enacted a standard on its own in 1975. The standard they adopted has since become considered one of the more favorable in the nation toward injured persons.

What Makes California Special

While the comparative standard has become the expected standard in the U.S., California’s law stands out in how it treats the questions of dividing up responsibility for injuries. In the vast majority of states, comparative negligence only leads to an award as long as the injured party is less than 50-percent responsible for the incident. If a motorist was speeding and failed to heed a traffic control device, such as yield sign while going up an on-ramp to an expressway, they might be seen as most responsible for the incident. Consequently, in most states, that person would receive zero compensation for being hit by another driver.

In California, it is possible for a person who was mostly responsible for an accident to seek damages against other parties. Juries are asked to simply decide whether the defendant is responsible for the injuries. If a driver on an expressway had room to give and avoid a collision with the hypothetical driver who failed to observe a yield sign, for example, they could still be liable for damages even if the plaintiff was found to be mostly responsible for what occurred. This also means that mixed cases of responsibility can lead to both parties being given awards of damages.

Instances involving multiple parties can get interesting. It’s not unusual, for example, for Californians to avoid suing a party that has no assets, even if they are largely responsible for an incident. For example, if a delivery van driver hits a car and is found 60-percent responsible while the van’s owner is found 20-percent, it’s common for actions to be pursued only against the business since it has the resources to actually pay out.

Conclusion

California’s comparative negligence rules make traffic accident suits somewhat more complex than in other states. The upside for drivers, though, is that they can sue even if they were found mostly liable. This can be especially beneficial for folks who suffered extreme injuries, as they may still receive larger awards.

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