Legal Question in Traffic Law in California

The concept of last clear chance has been abolished by the enactment of comparative negligence. The appellate courts have concluded that the concept of comparative negligence has absorbed the theory of last clear chance. That is the negligence of the injured in not avoiding the accident would reduce the amount of the damages. This is done by a two step process. First the damages suffered by the complaining party. The second step is to determine what portion of the fault lies with each party. That per cent is the amount of damages granted to the complaining party.