An article posted on the website thyblackman.com had a topic, “Driving while intoxicated is a bad idea, and here’s why”. The article discussed statistics in respect of drunk driving and one of these were that in 2016 an average of 10000 people were killed as a result of drunk driving accidents and the majority were not in the offender’s vehicle. The numbers also included pedestrians caught up in the accidents.

In respect of determining the fault in a drunk driving accident an injured person can file for charges either by way of a lawsuit or a claim the insurance company of the at fault driver. An attorney and spokesperson from the Timothy J. Ryan & Associates law firm stated that “the state of California is an at fault state. In line with determining the legal responsibility for a car accident the person bringing or filing a lawsuit or making an insurance claim for damages must prove the negligence of the other driver”. While the plaintiff is able to do this, the defendant can still avoid part of his or her liability for the accident and this is determined by the systems used in the state. 

It must be noted that while California is an at fault state, it follows the comparative negligence system. The comparative negligence system allocates fault between parties. Under the comparative negligence system a defendant or at fault driver can raise a partial defense stating that the plaintiff was partially to blame for the accident as well. According to the Cornell Law School - Legal Information Institute the comparative negligence rule is defined as “a tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and defendant was negligent the jury allocates fault, usually as in percentage (for example, a jury might find that a plaintiff was 30% at fault and the defendant was 70% at fault) then each pays their share of the others damages (in the above example, the plaintiff pays 30% of the defendant’s damages, and defendant pays 70% of the plaintiff’s damages)”.

There are two comparative negligence rules, modified comparative negligence and pure comparative negligence. The state of California uses the pure comparative negligence law. “In the pure comparative negligence jurisdictions, victims of an accident can recover some compensation for their injuries despite how negligent they were in their own driving even where the degree of fault is higher than the defendant’s degree of fault. Therefore, the defendant is able to recover part of the damages he or she has sustained as well as share his or her liability for the accident.

An example of the comparative negligence rule is where by Abigail is driving on the highway and indicates her intention to change lanes to the left. Robert is driving in the same direction and hits into Abigail as she changes lanes. After an analysis, it is found that Abigail’s vehicle blinker lights are not working and Robert was driving over the speed limit. Therefore, Abigail is partially at fault for the accident and so is Robert. A jury may decide that Abigail is 20% at fault for the accident while Robert is 80% responsible for the accident. Either Abigail or Robert can file for damages from the other. When it comes to the payment of damages Robert would pay 80% of Abigail’s damages while Abigail would pay 20% off Robert’s damages. These damages may be medical bills and vehicle repairs. 

If you have been involved in a car accident and want to claim of personal injury damages seek out an (https://tjryanlaw.com/practice-areas/auto-accidents/) Orange County car accident attorney lawyer.

About the company:

Timothy J. Ryan & Associates is a law firm of renowned professionals who specialize in personal injury law as well as criminal law. Their professionals possess vast experience in the law and have a track record of success in the courtroom since 1981. For more information contact Tjryanlaw.Com.

Contact Information:

Address: Timothy J. Ryan & Associates
8072 Warner Avenue
Huntington Beach
California, 92647
Email: [email protected]
Toll Free: 800 838 6644
Phone: 714 898 4444
Fax: 714 891 5802


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