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Comparative Fault

Comparative Fault is a legal concept where a jury can determine how much responsibility each party bears for a car accident or other personal injury claim. Imagine the following example: You are driving on the highway, going 10 miles per hour over the speed limit. Another driver is on his phone, distracted, and makes and unsafe lane change. Your cars collide. You are injured and bring a lawsuit against the other driver. The jury must decide how much of the fault is yours, and how much fault belongs to the other driver. In some states, a plaintiff can not recover if he is more than 50% at fault. In California, however, you can recover even if you are more than 50% at fault - California is a "pure comparative fault" state. So even if you were the primary cause of the accident, you may be able to recover for the damages you have suffered.

If you have been in a car accident, you may have questions about whether you have a claim against the other driver. Contact Pete Clancy for a free consultation to discuss your case.