What happens if I am found partially at fault in a construction accident case?
If you are found to be partially at fault for a construction accident in California, you could still be able to recover some damages. In California, there is a legal concept called comparative negligence, which allows you to recover damages even if you were partially responsible. Under comparative negligence, the court will assign you a percentage of fault for the accident. This percentage will then be deducted from the total damages that you are entitled to. So if you were found to be 20 percent at fault, then you can still recover 80 percent of the damages. It is important to note, however, that if you are found 50 percent or more responsible, you will not be able to recover any damages. This is because California follows a “51 percent bar” rule, which states that if someone is found more than 50 percent at fault, they will not be able to recover any damages for the accident. If you are partially at fault for a construction accident in California, it is important to consult with an experienced construction accident attorney who can help you understand your rights and actively argue your case in court to ensure that you get the maximum damages that you are entitled to.
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