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Fault State
At Teal Montgomery & Henderson we are often asked if California is considered a no-fault state when it comes to automobile accidents.
California is considered a fault or tort state with regard to auto accidents. In California, a person must be found to be responsible for causing the accident before that person’s insurance will pay for damages. This is in contrast to the no-fault states, such as Florida and New Jersey, where there is no requirement to prove fault and the injured person collects from his own insurance company for medical costs and lost wages; the injured party cannot sue the party at fault for additional monies unless the state allows for special circumstances. The state in which the accident occurred will govern the case. Therefore, it is important to contact an attorney who knows accident law and can help you understand your rights. The auto accident law firm of Teal Montgomery & Henderson has experience in dealing with fault law and its legal consequences.
California is a tort state which requires that a party must prove fault before there is legal liability. With regard to auto accidents, this means that the injured party must show that the other party negligently caused the accident. California follows the pure comparative negligence law. This allocates fault between parties and will reduce any recovery accordingly. For example, if damages in a case are $10,000 and you are considered 80% at fault, you can still recover damages for the remaining 20% or $2,000. Each party’s negligence is compared to the others and damages are awarded according to percentage of fault.
California cases involving fault issues are often complicated. That is when you need an attorney experienced in handling auto accidents and comparative negligence matters. Our attorneys at Teal Montgomery & Henderson have that experience in California’s auto accident law, and can be reached at 866-878-5267, or by completing our quick contact web form.
