When determining liability in truck accident cases, California’s comparative negligence laws play a crucial role in determining compensation for accident victims. Understanding how comparative negligence applies to California truck accidents can help victims navigate the legal process and protect their right to fair compensation.
In 2021, 416 large trucks were involved in fatal traffic crashes in California, according to the National Highway Traffic Safety Administration (NHTSA). These accidents resulted in 48 truck occupant deaths and 328 fatalities among occupants of other vehicles. With so many serious accidents occurring, fault is often shared among multiple parties, including truck drivers, other motorists and even trucking companies. Under California’s comparative negligence rule, victims can still recover compensation even if they are partially at fault, but their award will be reduced by their percentage of liability. Consulting with a personal injury attorney can help ensure your claim is handled properly, protecting your rights and maximizing your compensation.
What is Comparative Negligence?
Comparative negligence is a legal principle that determines the degree of fault shared in personal injury cases and adjusts each victim’s compensation according to their share of responsibility. California is a pure comparative negligence state, meaning that even if a victim is predominantly at fault, they can still recover some damages. The court will reduce your award by the portion of fault you share. This approach ensures that victims receive fairly distributed compensation while holding all parties accountable for their role in the accident.
Under this rule, the court assigns fault to each party based on their contribution to the accident. For example, if a driver is found 30% responsible for a truck accident, their total compensation is reduced by that percentage. California’s pure comparative negligence system allows a victim to claim 1% of damages, even if they are 99% at fault. While nearly one-third of U.S. states follow this rule, the remaining two-thirds apply a modified comparative negligence system, which imposes stricter limits on recovery based on fault percentage.
How Comparative Negligence Applies to Truck Accidents
Trucking accidents often involve multiple entities, such as drivers, trucking companies, vehicle manufacturers, other motorists, and third-party maintenance providers. Each of these parties can bear a portion of the fault in a trucking accident. In a multi-vehicle accident, fault is determined by assessing each driver’s actions and adherence to traffic laws.
Case Example:
In a three-vehicle collision, such as one occurring in Bakersfield, investigators might examine whether the truck driver was speeding, whether another driver failed to yield, or if the trucking company neglected proper vehicle maintenance. California’s fault-based system ensures that each responsible party is held accountable for the damages they cause.
Comparative Negligence’s Impact on Compensation
A truck accident victim’s compensation is reduced based on their percentage of fault, making it critical to work with an attorney experienced in truck accident investigations. A skilled attorney can protect your rights and help secure the maximum compensation available. Several factors influence compensation, including driver behavior, vehicle maintenance records, and compliance with safety regulations.
Example Scenarios:
- If a victim is 20% at fault and the total damages are $100,000, they can recover $80,000 in compensation.
- If a victim is 60% at fault, they can still recover 40% of their damages.
To determine fault percentages, investigations consider factors such as:
- Driver behavior (speeding, distracted driving, fatigue)
- Truck maintenance records
- Compliance with federal and state safety regulations
- Road conditions and environmental factors
Challenges in Proving Fault in a Truck Accident
Determining fault in a trucking accident can be complex due to the number of parties involved. Because comparative negligence can significantly reduce the amount of compensation you receive, it is crucial to establish the at-fault party’s negligence while minimizing your own share of liability.
Building a strong case requires compelling evidence, including:
- Police reports
- Eyewitness statements
- Accident reconstruction analysis
- Maintenance records & history
- Info from the truck’s Event Data Recorder (EDR)
- Review of driver logs
- Identifying any regulatory violations
Given the legal and technical complexities of truck accident claims, experienced legal representation is essential. A skilled attorney can conduct thorough investigations, gather critical evidence, and advocate for the maximum compensation you deserve, ensuring that all responsible parties are held accountable.
Get the Right Truck Accident Attorney on Your Side
Understanding comparative negligence is vital when pursuing a truck accident claim. If you or a loved one has been involved in a trucking accident, seeking legal advice from an experienced truck accident attorney can help protect your rights and ensure you receive the compensation you deserve.
Our experienced attorneys are skilled at handling cases involving shared fault and have achieved numerous record settlements. Rodriguez & Associates founder and president Daniel Rodriguez has over forty years of experience as a personal injury lawyer and trial attorney. He also holds a degree in engineering, allowing our team to quickly grasp the causes and effects unique to truck accidents, including cargo loading, brake failure, and issues involving speed, weight, and impact.
Rodriguez & Associates is located in downtown Bakersfield and is available for evening and weekend appointments. We provide free consultations and speak both English and Spanish. Contact us to schedule a free consultation with one of our attorneys or call (661) 777-7575.