Legal Question in Personal Injury in California

Re: Cell Phones and Driving

Yes. California has a "pure comparative fault" law, so that each person will be found liable in proportion to their failure to exercise reasonable care under the circumstances.

Let me know if I can be of assistance in defending the case.

Alex.

D. Alexander Floum, Esq.

The Schinner Law Group

Phone: 415-369-9050

Facsimile: 415-369-9053

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

Re: Cell Phones and Driving

Yes. California (and almost every other state) law uses a doctrine known as comparative negligence. This means that liability among negligent parties is apportioned according to fault.

Who decides how much fault to apportion to the parties? Insurance adjusters take the first crack at it during initial negotiations. Thereafter, if the insurance companies cannot resolve the issues, the matter may go into litigation, where a judge, jury or arbitrator will apportion fault after hearing evidence.

Make sure you advise your insurance company of the cell phone issue.