在圣盖博谷(San Gabriel Valley)繁忙的交通中,车祸责任往往不是非黑即白的。由邓洪律师(Daniel Deng)领军的邓洪律师事务所,致力于为华人社区提供“无畏的辩护”。许多客户担心,如果自己当时超速或分心了,是不是就不能索赔了?我们要告诉您:在 2026 年的加州,“有错就不能赔”是一个法律误区。加州实行的是**“纯粹比较过失”(Pure Comparative Negligence)**制度。
什么是加州的“纯粹比较过失”?
根据《加州民法典》第 1714 条,受害者获赔的权利不会因为其自身的过失而被剥夺。即便您在事故中负有 99% 的责任,您依然有权就剩下的 1% 索取赔偿。这与美国其他许多州(如果责任超过 50% 就一分钱拿不到)完全不同。
赔偿金是如何计算的?
假设您的总损失(包括医药费、误工费和痛苦赔偿)为 20 万美金。如果法院认定您需承担 40% 的责任,那么赔偿金将扣除 8 万美金。您最终仍能获得 12 万美金 的赔偿。
2026 年法律要点:经济与非经济损失
在涉及多个被告的复杂案件中,理解加州 1431.2 号民法典 至关重要:
邓洪律师事务所:您的正义坚盾
保险公司最擅长的套路就是利用受害者的“愧疚感”,谎称“你有错所以我们不赔”。
无论您是在蒙特利公园(Monterey Park)还是阿罕布拉(Alhambra),只要发生了意外,请信任邓洪律师。
法律声明: 以上内容仅供教育参考,不构成律师与客户之间的代理关系。过失比例由法官或陪审团根据证据最终判定。
Shared Fault and the ‘Pure’ Comparative Negligence System: Recovering Damages in 2026 Even if You Were Mostly to Blame
In the chaotic traffic of the San Gabriel Valley—from the busy intersections of Alhambra to the 60 freeway—accidents are rarely black and white. At Deng Law Center, led by community advocate Daniel Deng, we frequently encounter clients who believe they cannot seek justice because they were speeding, distracted, or otherwise "partially at fault." In 2026, California remains a "Pure" Comparative Negligence state, ensuring that the door to recovery remains open even if you played a significant role in the accident.
What is "Pure" Comparative Negligence in California?
Under California Civil Code § 1714, the "Pure" Comparative Negligence system allows an injured party to recover damages regardless of their percentage of fault. Unlike "Modified" states where being 51% at fault bars you from recovery, California allows you to seek compensation even if you are 99% responsible. Your total award is simply reduced by your specific percentage of fault.
How is Compensation Calculated in 2026?
If a jury determines your total damages (medical bills, lost wages, and pain and suffering) are $200,000, but finds you were 40% at fault for the collision, the court will subtract $80,000 from the total. You would still receive a judgment for $120,000.
The 2026 Strategic Hurdle: Joint and Several Liability
A critical nuance in 2026 litigation involves Civil Code § 1431.2 (Proposition 51). When multiple parties are at fault:
Why the "Deng Law Center" is Your Bridge to a Fair Trial
Insurance adjusters often use a victim's partial fault as a psychological weapon to force a "lowball" settlement. They may say, "You were speeding, so we aren't paying." We provide a Fearless Defense against these tactics. We speak your language and use expert accident reconstructionists to drive your fault percentage as low as possible. By proving the other party was even slightly more negligent, we maximize the resources available for your recovery.
Legal Disclaimer: Information provided is for educational purposes and does not constitute an attorney-client relationship. Comparative fault is determined by the "trier of fact" (judge or jury) based on the specific evidence presented at trial.