Can You Still Get Compensation if You Were Partially at Fault in a Car Accident?
If you get involved in a car accident that results in painful injuries and expensive losses, you may be entitled to collect financial compensation from the person or party at fault. If you are found to be partially at fault, this does not bar you from making a financial recovery in California. However, Los Angeles injury lawyers suggest it could adversely affect your claim.
California’s Pure Comparative Negligence Law
California Code of Civil Procedure § 1714 states: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” This is known as California’s pure comparative negligence law.
Under this legal doctrine, a motor vehicle driver who contributes to a car accident but who is not found to be 100 percent at fault can still recover a percentage of a settlement or judgment award. Every at-fault party named in the case will be responsible for paying his or her own percentage of fault.
How Does Partial Fault Affect a California Car Accident Claim?
If you are involved in a car accident case where an insurance company allocates a percentage of fault to you, this can reduce the amount of financial compensation that you receive. Under state law, settlement values are diminished in proportion to an individual’s assigned degree of fault. If the value of your case is $100,000, for example, but you are assigned 10 percent of fault, your payment would be reduced by a matching 10 percent ($10,000) to $90,000.
The “pure” part of California’s comparative negligence law means there is no cap or limit on the amount of negligence that can be assigned to an individual. Compensation remains available up to 99 percent of fault. In modified comparative negligence states, on the other hand, the ability to recover compensation is capped at a certain amount (typically around 50 percent). There are also contributory negligence states, where any amount of fault bars an individual from financial recovery.
How Is Fault Determined and Proven in a Los Angeles Car Accident?
When a car accident claim is filed, the insurance company will conduct a thorough investigation to determine who is at fault. This will typically involve reviewing relevant documents and police reports, interviewing the parties involved, and analyzing property damage.
In general, the at-fault driver is the one guilty of violating a traffic law in connection with the crash. If a driver is guilty of speeding, running a red light or following too closely, for instance, this can serve as evidence of fault for a vehicle collision. If both drivers did something that contributed to the crash, fault can be divided between them.
How to Protect Your Rights During a Car Accident Claim
The key to maximizing your financial recovery after a car accident in California is minimizing your proportion of comparative negligence or fault. An experienced Los Angeles car accident attorney can assist you with this task. Your lawyer can use many tactics to establish that someone else is to blame for your crash.
Your lawyer can prove fault by preserving key evidence and hiring crash experts. Accident reconstruction specialists can demonstrate how and why the car accident took place, as well as why the other driver is to blame.
You can count on your attorney to use aggressive negotiation tactics and strong evidence to protect you from absorbing more fault for the car accident than is fair or accurate. This can allow you to optimize your settlement as much as possible.If an insurance company is blaming you for a recent accident in California, contact Rose, Klein & Marias LLP for a free consultation.