Many car accident victims assume that they cannot recover compensation if they contributed to the accident. While this is the law in some states, it is not in California. An experienced Carlsbad car accident attorney from The Miller & Steele Law Firm can explain the law and how it applies to your particular situation.
California’s At-Fault System for Accidents
Because California is an at-fault system for car accidents, the party deemed responsible for the accident is responsible for paying for the victim’s damages, which might include:
- Medical bills
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
These damages are often paid for by submitting a claim with the at-fault driver’s liability insurance provider with the help of an experienced Carlsbad injury attorney.
Pure Comparative Fault Rule in California
California uses what is known as a pure comparative negligence rule. In some states, an accident victim cannot seek compensation if they contributed even 1% to the accident. California takes the opposite approach: even if the other driver was only 1% at fault for the accident and the victim was 99% responsible, the victim can still seek compensation from the other negligent party. This more generous law allows California car accident victims to pursue compensation as long as any other party contributed to the accident.
However, the car accident victim’s compensation is reduced by their percentage of fault. Therefore, if you are found 10% at fault, your compensation is reduced proportionately by 10%. If you are found 80% at fault, your compensation is reduced by 80%.
Determining Fault in a Car Accident
To maximize your financial recovery, your car accident lawyer will try to prove the other driver was at fault and minimize any portion of fault attributed to you. Various methods and evidence can be used to establish fault in a car accident, including
- Accident reports: You should call 911 after an accident so a police officer can respond to the scene and prepare an official report. The police report may provide important details about the crash and state whether the other driver was cited for violating the law.
- Witness statements: Statements from independent witnesses carry a lot of weight because they have no stake in the matter. Objective witnesses may have seen how the crash occurred or relevant information leading up to it.
- Accident reconstruction reports: Accident reconstruction experts may use information from the vehicles’ event data recorders, physical evidence (such as skid marks and vehicle damage), photos of the accident scene, and other evidence to recreate the events that led to the crash.
- Independent legal investigations: When insurance companies conduct investigations, they usually do so with the goal of minimizing their insured’s liability to protect their own bottom line. An independent legal investigation into the matter may help uncover evidence of how the crash really happened and who is at fault.
Contact The Miller & Steele Law Firm for Legal Advice
The Miller & Steele Law Firm will work diligently to reduce any degree of fault attributed to you and aggressively pursue compensation from the at-fault party. You can schedule a free consultation with our legal team by calling (760) 840-5221 or contacting us online.