The state of California follows the legal doctrine of comparative negligence in the assessment of liability in personal injury lawsuits. What is meant by California identifying as a comparative fault state is that when an accident occurs and liability is disputed, the percentage of negligence is assigned to each party involved based upon their contribution to the incident. See California Civil Code Section 1714 for more details.
This is one of the common defense tactics that insurance companies and defense counsel may utilize as a way of paying as little as possible on a case during negotiations and in trial. That is why it is essential to retain an experienced injury lawyer to ensure that fault is not unfairly shifted onto you by the other side. Our team of experienced Sacramento personal injury attorneys is always available to help you with your case after a life-changing accident.