Negligence is one of the most important concepts in personal injury law. Most accident claims – car crashes, slip and falls, dog bites, pedestrian accidents – come down to one basic question: Did someone act carelessly?
In California, the law requires every person to act with reasonable care so they don’t harm others. When someone fails to act safely, and another person gets hurt, the law allows the injured person to seek compensation. This compensation can help pay medical bills, lost wages, pain and suffering, and other damages. This legal standard is called negligence.
It is important for injury victims to understand what negligence means and how to prove it. Below is a simple and straightforward explanation of how it works.
What Is Negligence Under California Law?
Negligence is basically another word for carelessness. California law says that a person is negligent when they fail to use the level of care that a reasonably careful person would use in the same situation.
Here are some everyday examples:
- A driver texting instead of watching the road
- A store employee failing to clean up a spill
- A dog owner who doesn’t secure their dog around visitors
- A property owner who ignores broken stairs or loose railings
- A driver speeding in bad weather
- A company that doesn’t maintain equipment properly
None of these individuals may have intended to harm anyone. However, under California law, harm caused by carelessness can still make someone legally responsible.
How Do You Prove Negligence in California?
To win a negligence case, an injured person has to prove four basic elements. Think of these as steps in a simple chain. If all four steps are proven, the claim is strong. The elements are:
- Duty of care: The defendant must have owed you a duty of care. In California, drivers owe a duty to follow traffic laws. Property owners owe a duty to keep their premises reasonably safe. Dog owners owe a duty to control their pets.
- Breach of duty: You must show the defendant failed to act with reasonable care. Examples include running a red light, leaving a hazard in a walkway, or failing to warn visitors about known dangers.
- Causation: You must prove that the defendant’s careless action actually caused your injury. For example, if someone rear-ends you because they were distracted, that distraction is the cause of your injuries.
- Damages: You must show that you suffered actual harm. Your damages may include medical bills, lost income, pain and suffering, emotional distress, property damage, or other losses.
If all four elements are met, California law allows you to recover compensation.
California’s Comparative Fault Rule
One important thing to understand is that California uses pure comparative negligence. This means that even if you were partly at fault for an accident, you can still recover money. Your compensation is simply reduced by your percentage of liability.
For instance, if you are awarded $100,000, but you are 20% at fault, you would still receive $80,000. Insurance companies know this rule very well. They may try to shift some of the blame onto the injury victim to reduce their payout.
Common Blame-Shifting Tactics Used by Insurance Companies
Insurance companies are businesses. Their goal is to pay as little as possible, even when their insured was clearly at fault. One of the easiest ways for them to reduce what they owe is to shift blame onto the victim.
Here are some of the tactics they use:
- Claiming you were distracted: Even when the other driver caused the crash, insurers may say you were using your phone or not paying attention.
- Questioning your injuries: They may argue your injuries are “not that bad,” “pre-existing,” or unrelated to the accident.
- Twisting your words: Insurance adjusters often ask recorded questions to get you to say something they can later use against you.
- Blaming you for unsafe behavior: In a slip and fall case, insurers may say you weren’t watching where you were going or that the hazard was “obvious.”
- Delaying your claim: Sometimes, insurers drag things out. They hope that the delay will frustrate you and persuade you to settle for less.
These tactics work on people who don’t understand their rights. They don’t work when you have a skilled personal injury lawyer protecting you.
How a Personal Injury Lawyer Can Help You Prove Negligence
Working with a lawyer can make an enormous difference in your case. A skilled lawyer will help you gather evidence, negotiate with insurance companies, and prove negligence under California law.
A lawyer can help by:
- Collecting strong evidence: Gathering photos, videos, witness statements, police reports, medical records, and expert opinions to show how the accident occurred and who was at fault.
- Handling insurance company communication: Managing all contact with insurers to prevent pressure tactics, misstatements, or unfair questioning.
- Calculating the full value of damages: Assessing economic and non-economic losses, including medical expenses, lost wages, future care, pain and suffering, and reduced quality of life.
- Building a clear negligence case: Organizing evidence to prove each element of negligence and presenting the claim clearly to insurers, judges, or juries.
- Negotiating a fair settlement
Identifying low settlement offers and negotiating for compensation that reflects the true value of the claim. - Taking the case to court when necessary: Filing a lawsuit and presenting evidence in court if a fair resolution cannot be reached.
By managing these key aspects of a claim, a personal injury lawyer helps ensure negligence is clearly proven and the injured person’s rights are protected throughout the process.
Negligence Cases Can Feel Overwhelming – But You Don’t Have To Handle Them Alone in San Bernardino, CA
Negligence is a simple idea, but proving it can be complicated. A personal injury lawyer can guide you through every step, protect your rights, and fight for the compensation you deserve. Kenny Ramirez Law Firm Personal Injury Lawyers is committed to helping injured Californians rebuild their lives after serious accidents.
If you’ve been injured because someone else was careless, we are here to help. Contact us today at (909) 515-0646 to schedule a free consultation.