Attorney Kevin Taguchi has led a personal injury-focused law firm in Alameda County, California, for more than 25 years. In that time, Kevin Taguchi has represented many clients affected by auto accidents.
In lawsuits related to auto accidents, California follows pure comparative negligence to determine fault. This means that the judge or jury in a trial will determine percentage of fault for the drivers involved, and any compensation is adjusted by that percentage. For example, if a person to whom the court awards $50,000 in damages is 25 percent at fault, that person would receive $50,000 minus $12,500, or $37,500.
There are two ways in which the State of California determines fault. The most traditional way uses the common law concept of negligence, in which an injured individual must demonstrate that another driver failed to operate his or her car with sufficient care. To be valid, the injured party must prove that the negligence directly caused the accident and injuries.
Determination of fault also may come from a review of the California Vehicle Code and its provisions. If a driver's violation of any such statute led to an accident, the law presumes that person to be negligent. This form of negligence, known as negligence per se, was formally adopted into the California Evidence Code through Section 669.
