California accident victims can pursue a claim for compensation against anyone they believe to be responsible for their injuries. To successfully bring such a claim, a plaintiff must be able to establish that the defendant’s negligence was the cause of their injury. This is referred to as the element of causation.
To establish causation, a plaintiff must prove that it is more likely than not that the plaintiff’s injury was a result of the defendant’s conduct. However, causation cannot be based solely on speculation. The mere possibility that the defendant’s conduct was the cause is insufficient to prove causation; a plaintiff must prove that the defendant’s breach of duty was a proximate or legal cause of the plaintiff’s injury. Generally, the jury must decide if the plaintiff has proved causation. However, if the issue of causation involves a legal determination, the court can decide whether causation is sufficient in a motion for summary judgment.
California injury cases can be complicated and may involve multiple parties. A defendant’s negligent conduct does not need to be the sole cause of the plaintiff’s injury in order for a jury to find them liable for the injury. California law follows the “substantial factor” test in determining cause-in-fact. That means to meet the causation element, the plaintiff must show that the defendant’s conduct was a substantial factor in bringing about the injury. If a defendant’s conduct took place at the same time as other acts, the defendant’s conduct may be a “substantial factor” if the injury would not have occurred but for the actor’s conduct. If the simultaneous negligence of two parties contributes to the plaintiff’s injury, each person’s acts will be considered the proximate cause, and the plaintiff may recover full compensation from either person, or both.