Can I Get Compensation After a Car Accident if I Was Partially at Fault?
Any car accident is a traumatizing and stressful experience, but even more so when your fault has contributed to it. Fortunately, California law offers some protection to drivers who are partially responsible for a crash. For this reason, you may be able to get compensation even if your fault contributed to the accident.
However, seeking compensation when you are partially at fault can be complicated. If you suspect that you might have been responsible for causing your car accident, consider speaking with a lawyer. Our Carlsbad car accident lawyer at Pursley Law can help you explore your compensation options under the law.
Pure Comparative Negligence Law in California
In California, the “pure comparative negligence” law is used to determine liability and compensation in a car accident, according to the Legal Information Institute. This means that each party can be assigned a percentage of fault, which will determine how much compensation they can receive. For example, if driver A is found to be 30% at fault for an accident, they will only be able to receive 70% of the damages awarded.
It is essential to note that California’s pure comparative fault system allows for compensation even if a driver is found to be 99% at fault for an accident. However, the percentage of fault also determines how much compensation you are entitled to receive.
Examples of Comparative Negligence in Car Accidents
Let’s take a look at three examples of comparative negligence in car accidents:
- Example #1. A driver who is texting while driving crashes into a vehicle that runs a red light. While the driver who ran the red light may be partially at fault, the texting driver’s actions would likely result in a higher percentage of fault.
- Example #2. A driver who is speeding and runs a stop sign crashes into another vehicle that pulls out in front of them. Both drivers may be partially at fault for the accident, but the speeding driver’s actions would again result in a higher percentage of fault.
- Example #3. A driver who turns left at an intersection is hit by a car coming from the opposite direction. Both drivers may be partially at fault, but if the turning driver did not yield the right of way, they would likely be assigned a higher percentage of fault.
There are numerous other examples of comparative negligence in car accidents. You might want to get legal help from a lawyer to help you determine each party’s percentage of fault.
Filing a Claim When You Are Partially at Fault
If you have been involved in a car accident where you were partially at fault, you may still be able to receive compensation for your injuries. The key is to work with an experienced lawyer who can help you navigate the complexities of California’s pure comparative fault system.
Your lawyer will investigate the accident, obtain evidence, and negotiate with the other driver’s insurance company to seek the maximum compensation possible for your injuries. Do not admit fault or agree to sign any documents when handling your personal injury claim until you have consulted with a lawyer.
Consult with a Lawyer
Being partially at fault for a car accident in California does not necessarily mean that you cannot receive compensation for your injuries. However, it does make the process more complicated, and it is essential to work with a skilled lawyer to seek the compensation you deserve. Contact our lawyer at Pursley Law to discuss your particular case. Call (760) 678-1884 to schedule a consultation.
Source:
law.cornell.edu/wex/comparative_negligence
