While some California motorcycle accidents present a situation in which one party is clearly the victim and another clearly at fault, it is common for the parties involved to each be partially at fault. In California, courts apply the “pure comparative fault” method when determining which parties are entitled to recover compensation for their injuries.
Under a pure comparative fault analysis, an accident victim can recover compensation for their injuries even if they are at fault. Additionally, a defendant can only be liable to an accident victim for their own percentage of fault. If the jury determines that the plaintiff was partially at fault, the judge will reduce the plaintiff’s recovery amount by their own percentage of fault.
For example, Driver A and Driver B might be involved in an accident, with Driver A being 40% at fault and Driver B being 60% at fault. If Driver A files a California car accident lawsuit against Driver B, and the damages are determined to be $500,000, Driver A will be awarded $300,000, or $500,000 reduced by 40%.