In California, the doctrine of comparative fault is used to determine the extent to which each party involved in a personal injury case is responsible for the damages that resulted from the accident. Under the comparative fault rule, a person who is injured in an accident can still recover damages even if they were partially at fault for the accident, although their recovery may be reduced by their percentage of fault.
California follows a “pure” comparative fault rule, which means that the injured party can recover damages even if they are found to be 99% at fault for the accident. However, their recovery will be reduced by their percentage of fault. For example, if the injured party is found to be 50% at fault for the accident, their recovery will be reduced by 50%.
Comparative fault can have a significant impact on personal injury cases, as it can affect the amount of compensation that the injured party is able to recover. For example, if a jury finds that the injured party was partially responsible for the accident, they may reduce the damages awarded accordingly. In some cases, the injured party may be found to be more than 50% at fault for the accident, in which case they may not be able to recover any damages at all.