Many people may be partially at fault for injuries they sustain, but may still not be primarily to blame. Fault is particularly difficult to determine in many personal injury cases, as small details in a case may put some blame on the injured claimant. However, according to California law, this small amount of blame doesn’t undo a person’s right to file for compensation.
How Does Fault Work?
California follows what’s known as the comparative fault rule. This means that people may still file for compensation if they were partially at fault. However, they will only be allowed to sue for compensation according to the portion of fault the defendant caused.
For example, a person may be injured in an accident they didn’t cause, but did make minor errors. If the court determines that these errors were 5% responsible for the accident, that person will be allowed to sue for compensation covering the other 95% of the accident.
This rule allows people to fight for the pure share of liability they weren’t responsible for. Mistakes such as not signaling on the road, not wearing a seat belt, ignoring safety labels, etc. can all play a role in increasing a person’s share of liability, hurting their chances of securing more compensation for their injuries.