Are you concerned that you might be partly at fault for an accident in California? Is the other party arguing that you’re partly or fully at fault? In either case, you need to understand California’s personal injury laws and how to best protect your interests in a legal claim. Read on to learn more about negligence laws in the state so you know what to do if you’re partially at fault for an accident in California.
Dealing with an injury in California can turn your life upside down, so you must look into your rights to file an injury claim sooner rather than later.
What to Do After an Accident Injury in California?
Get medical attention for your injuries right away. If you seem fine at the accident scene, note any changes in your symptoms and go to your doctor if you begin to experience pain. Take the following steps:
- Contact the authorities
- Clear your car from the roadway, if possible
- Take photos or videos
What is Comparative Negligence in California?
Comparative negligence doesn’t just apply to California, as other states have adopted it as well. However, if you’re the victim of an accident, it’s important to understand how comparative negligence works specifically in California. This is a legal concept that determines the extent to which multiple individuals involved in an accident could be held responsible for associated damages. Comparative negligence allows injured parties to recover compensation even if they are partially at fault. However, even if you’re partially at fault for an accident in California, this doesn’t mean you’re barred from receiving compensation.
You may still be eligible to recover damages in California even if you are 99% at fault for the accident. However, bear in mind that any compensation will be reduced by your percentage of fault. How does comparative negligence influence California personal injury claims? The degree of fault assigned to each party following an accident is a crucial factor for most personal injury cases.
This is why you need to gather evidence at the scene of the accident, continue to attend all medical appointments, and hire a California personal injury lawyer as soon as possible. You may not be as familiar with the way these cases unfold, whereas an attorney is well-versed in how to use evidence, like witness statements, police reports, and physical evidence, to determine fault percentages, since these percentages directly impact how much compensation an injured party can recover. It is in your best interest to retain an attorney sooner rather than later.
In car accidents where both drivers are found partially at fault, courts will assign a percentage of fault to each driver based on their actions, leading to a reduced recovery proportionally.
How Can I Prove Fault in My California Comparative Negligence Case?
Gathering and presenting solid evidence is the foundation of proving fault in a comparative negligence case. This can include testimony from involved parties or witness statements, photos or videos of the accident scene, and documentation of future medical expenses and any other damages. Coping with an injury in California can be overwhelming for an accident victim, which makes the assignment of fault even more important.
A knowledgeable personal injury attorney can help you to collect and present this evidence so that you go into the case with the strongest possible opportunity to recover compensation.
What is a pure comparative negligence law?
California has what is known as a pure comparative negligence law, which gives some flexibility for injured parties seeking compensation. When multiple parties share fault, however, this can be very complex to navigate recovery.
A personal injury lawyer can guide you through the claims process and help you avoid common mistakes especially in cases involving multiple at-fault parties. Don’t wait to seek legal help: there’s a limited window of time to file a claim after an accident. Delays in getting medical attention or speaking with an attorney can also give the other side more time to build their case against you.
What Does it Mean to Prove Fault in a Car Accident After an Injury in California?
To prove that one or more parties were negligent following a crash, your personal injury attorney and you will need to prove four different elements. First, they have to show that someone owed you a duty of care to act in a reasonable way so as not to cause harm. As an example, all drivers in California are expected to follow traffic laws.
The second element is proving that someone breached their duty of care, such as speeding, not following other road laws, or looking at their phone at the time of the accident. The third component you must show is that their breach of duty caused an accident. Finally, you must show that the accident resulted in you sustaining damages, such as financial losses.
What if I Have to Dispute the Insurance Company’s Fault Determination?
Approximately 90% of insurance disputes come about as a result of fault determinations. If you can show new evidence, adjusters can reassess these claims. It is recommended that you work with a personal injury attorney to do this in your case.
If you disagree with the fault assessment made by the other driver’s insurance company or your own, you have the right to dispute it. But you’ll want to work with an attorney to use eyewitness accounts, photos, or other evidence to challenge that determination.
Insurance adjusters usually use all available evidence, including photographs, accident reports, or driver statements to determine fault. They may also look at other factors such as driver’s behavior before the accident or weather conditions. The primary goal of an insurance adjuster in this kind of case is to determine financial responsibility.
Insurance companies have a significant impact on deciding who pays for damages, and their decisions on the assignment of fault can have big consequences on your claim.
Can Fault Assignment Influence My Insurance Rates?
After an at-fault accident, your insurance premiums are likely to go up. This will depend on the total costs incurred and the severity of the accident, but you may experience a significant height in your insurance rates. Not only is it important to determine fault properly for the sake of your personal injury claim and any compensation you may be owed, but you may want to limit the impact on your insurance rates, which is why it is essential to understand that fault determination will affect your personal finances and your immediate financial liability.
How can I improve the chances of not being assigned fault? Taking the right steps following a vehicle accident is the best thing you can do to improve the outcome of your case. This includes collecting evidence, filing a police report, speaking to witnesses and getting their contact information, consulting with a personal injury attorney, and notifying your car insurance company.
What Drivers are Typically Found at Fault in Most Accidents?
In various types of accidents, some drivers may be found at fault more frequently because of their legal responsibilities at the time of the accident. For example, in rear-end collisions, the driver who struck the car in front of them is typically considered at fault, since it is that driver’s responsibility to maintain a safe following distance.
In left-turn accidents, the driver making the left turn at the time of the crash is typically at fault unless they can prove that the other driver ran a red light, was speeding, or violated another traffic law. In intersection accidents, fault in these cases will hinge on violations of traffic signs or signals.
Although it is not universally the case that only one party will be assigned blame in an accident, it is important to recognize how your case can be affected. If you’re coping with an injury in California and want to talk with our lawyers about your legal rights, set up a time to speak with us now.
Costs You Can Recover for an Accident Injury in California
Your case specifics will determine your legal options for recovering compensation. If you’re dealing with an injury in California following a crash and you’re worried about being assigned any blame, let a lawyer talk to you about your case first. You may be able to recover costs such as medical bills, lost wages, and other damages tied to the accident.
