How does comparative negligence affect my school bus accident claim?
Comparative negligence is an important factor to consider in any school bus accident claim in California. Comparative negligence is a legal doctrine that establishes each party’s responsibility in an accident. The court assigns a percentage of responsibility to each party involved in the accident, and this percentage of responsibility is what is used to determine how much money a person can receive in compensation. In California, a court will find the person who was involved in the accident to be “comparatively negligent” if their actions played a role in causing the accident. This means that if their actions were found to be a contributing factor in the accident, they can be held partially liable for the damages. For example, if a student was not using the seatbelt on the bus, and that contributed to the severity of the accident, the court can assign a percentage of negligence to that student. The amount of money that a person can recover from an accident is directly related to the percentage of comparative negligence assigned to them. If someone is found to be 60% responsible for the accident, then they can only recover 40% of the total damages awarded. On the other hand, if the court assigns 0% comparative negligence to a person, then they can recover 100% of their damages. Ultimately, comparative negligence is an important factor to consider when bringing a school bus accident claim in California. It is important to understand the concept of comparative negligence and be aware of how it might affect a claim before making any legal decisions.
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