What if I Am Partially at Fault for An Accident in California?
July 18, 2024A state’s laws regarding liability will determine how much compensation an injured party will receive. In states that practice modified comparative fault, a plaintiff will be barred from recovery if he or she is determined to be more at fault than the defendant in an accident.
California is unique in that it follows pure comparative negligence, meaning that a victim can recover compensation even if they are deemed 99 percent at fault. Following suit with other jurisdictions that follow comparative negligence laws, damages will be reduced based on your percentage of fault.
If you have been involved in an accident, our Santa Barbara personal injury attorneys are here to fight for the compensation you deserve.
Pure Comparative Negligence
Accidents often involve a series of events, with parties oftentimes sharing accountability. Under California Civil Code §1431.2 CC, being partially at fault for an accident doesn’t prevent you from recovering damages; instead, your recovery will be reduced by your percentage of fault. The amount you will recover is based on the percentage that you contributed to the accident.
How Does Comparative Negligence Work in an Accident Claim?
Let us examine an accident scenario taking place at night during a heavy rain. John is entering a roundabout but fails to yield to Sally who is already traveling on the roadway. John sideswipes Sally’s vehicle, causing Sally to lose control of her car and run off the road.
Upon investigation, an insurance adjuster discovers that Sally failed to put her low beams on. (According to California state law, you must have your headlights in adverse weather, which includes any time you must use your windshield wipers).
Sally fractures her arm and pelvis and suffers a whack to her head. Sally is rushed to the emergency room, where she is given a CT scan of her head and pelvis. A nurse sets her arm in a cast. Upon receiving her medical bills, she files a bodily injury claim for $20,000.
The entire right side of Sally’s vehicle is scraped from the impact with John’s car, and her vehicle is dented in several places after running into a guardrail when pushed off the road. As a result of the crash, her air conditioner is damaged as well. She gets quotes from three different mechanics, who each give her estimates of $3,000 to repair her car. So, Sally filed a property damage claim of $3,000, which includes the cost of replacing the guardrail.
Since Sally did not have her headlights on, insurance determined that she was 40 percent at fault for the crash. So, Sally’s bodily injury claim of $20,000 will be reduced by 40 percent, meaning that she will only receive $12,000 for her medical expenses and lost income. Additionally, she will only receive 40 percent of her property damage claim of $3,000, or $1,800.
Why You Should Hire a Santa Barbara Personal Injury Attorney
The amount that an insurance company will permit for a claim is often not enough to cover your expenses. A Santa Barbara personal injury attorney will negotiate with the insurance company to fight for just compensation. If negotiations stall or the insurance company keeps offering you “low ball” settlements, we are not afraid to take your case in front of a judge.
Consult with our Santa Barbara Personal Injury Attorneys Now
When you hire the services of a Santa Barbara personal injury attorney, you are working with someone who is looking out for your best interests. Our personal injury attorneys are not afraid to take your case to court to get the compensation to which you are entitled. To learn more, contact us by phone or by completing our online contact form.