Driving through a busy intersection like Garey Avenue and Mission Boulevard in Pomona requires constant attention. Even when you are careful, a split-second distraction or a minor error can lead to a collision. If you were injured in a car accident but worry that your own actions contributed to the crash, you might assume you have lost your right to seek financial recovery.
In many states, being even 1% responsible for an accident could prevent you from recovering anything at all. But California follows a much more flexible legal standard known as pure comparative fault. Under this rule, you can still seek compensation for your medical bills, lost wages, and pain, even if you share a significant portion of the blame for the incident.
Understanding California Civil Code Section 1714
The foundation of personal injury liability in our state is California Civil Code Section 1714. This law establishes that every person is responsible for injuries caused to others by their want of ordinary care or skill in managing their property or person.
When multiple people are negligent, the law does not simply pick one winner. Instead, the legal system looks at the total picture of the accident to determine how much each person contributed to the harm. This is where the comparative fault doctrine applies. It allows a judge or jury to compare the negligence of the plaintiff with the negligence of the defendant.
How Pure Comparative Fault Works in Practice
California is a pure comparative fault state. The pure part of this rule is vital for injury victims. It means there is no cutoff point for seeking damages. In some other states, if you are 50% or 51% at fault, you get nothing. In California, you could theoretically be 90% at fault and still be eligible to recover the remaining 10% of your damages from the other responsible party.
The process generally follows these steps:
- Determine Total Damages: The court or insurance company calculates the total value of your losses, such as $100,000 for medical care and lost income.
- Assign Percentages of Fault: Based on the evidence, a percentage of fault is assigned to everyone involved.
- Reduce the Award: Your final recovery is reduced by your percentage of fault.
For example, if a jury decides your total damages are $100,000 but finds you were 25% responsible because you were slightly exceeding the speed limit on Holt Avenue, your award would be reduced by $25,000. You would then be eligible to receive $75,000.
Proving Shared Responsibility Under CACI 405
If you file a claim, the other party’s insurance company will likely try to use California’s comparative fault rules to their advantage. They often attempt to shift as much blame as possible onto you to lower their payout.
The defendant has the burden of proof to show that you were negligent and that your negligence was a substantial factor in causing your own harm. Simply making an error is not enough; the error must have actually contributed to the injuries you sustained.
Common Scenarios Involving Shared Fault in Pomona
Many local accidents involve some level of shared responsibility. Understanding how these look in the eyes of the law can help you prepare for your claim.
- Left-Turn Collisions: A driver turning left must yield to oncoming traffic that is close enough to be a hazard. Even so, if the oncoming driver was speeding excessively through a Pomona residential zone, they may share fault for the crash.
- Rear-End Accidents: While the rear driver is usually at fault, the lead driver might be held partially responsible if their brake lights were not functioning or if they made an illegal sudden stop.
- Pedestrian Accidents: A driver may be mostly at fault for hitting a pedestrian in a crosswalk, but the pedestrian might be assigned a percentage of fault if they were looking at their phone and stepped into the street without checking for traffic.
The Role of Evidence in Your Claim
Because every percentage point of fault directly impacts the money you receive, evidence is the most important part of your case. In the busy streets of Pomona, this often includes:
- Traffic camera footage or dashcam recordings
- Statements from witnesses who saw the collision near local landmarks
- Police reports filed by the Pomona Police Department
- Physical evidence from the scene, such as skid marks
Insurance adjusters are trained to find ways to increase your percentage of fault. They may take your recorded statements and use them to imply you were distracted. Having a legal representative to manage these communications helps ensure your side of the story is told accurately.
Statutes of Limitations in California
Regardless of who is at fault, you must act within the time limits set by state law. You generally have two years from the date of the injury to file a lawsuit.
If your accident involved a government vehicle, such as a city-owned truck or a local transit bus, the timeline is much shorter. You generally must present a written claim within six months of the injury under the California Tort Claims Act. Missing these deadlines usually means you lose your right to recover any compensation.
How Wolf Law Firm Helps You
When you are recovering from an injury, the last thing you should worry about is a complex legal battle over fault percentages. At Wolf Law Firm, I focus on the details of your case so you can focus on your health. I understand the roads in Pomona and the specific ways California’s comparative fault rules impact local families.
If you believe you were partially to blame for an accident, do not give up on your claim. I can review the evidence, speak with witnesses, and work to ensure that fault is assigned fairly. My goal is to provide clear, honest guidance through every step of the legal process.
If you have questions about your injury claim or how comparative fault might affect your recovery, reach out today. You can call Wolf Law Firm at 833-388-8888 for a consultation to discuss your situation and learn about your options under California law.
