How does the comparative fault law work?
In California, all injury cases are covered by the comparative fault law. This means that responsibility for an event causing an injury will be apportioned between the involved parties on a percentage basis. In most of our cases, we are able to establish that the incident is 100% the fault of the adverse party or parties, so comparative fault does not come in to play. But the comparative fault law can help someone who is partially to blame by permitting a partial recovery. Thus, even when, for example, a pedestrian is jaywalking, he or she can still recover for accident injuries, so long as we can prove that the driver also was negligent.
