What if I was partially at fault for the accident?
In California, the concept of comparative negligence is followed when determining liability in auto accidents where multiple parties may be at fault. Pure comparative negligence means that each party involved in the accident can be assigned a percentage of fault based on their actions or negligence.
Can Being Partially Responsible for An Accident Impact My Settlement?
When you are partially at fault for an auto accident in California, it can affect your ability to recover damages. California follows a "pure comparative negligence" rule, which means that even if you are partially at fault, you can still seek compensation for your injuries and damages. However, the amount you can recover will be reduced by your assigned percentage of fault.
How Does Comparative Negligence Work?
Let's say you were involved in a car accident, and it is determined that you were 30% at fault for the collision. If the total damages awarded in the case amount to $10,000, your recoverable amount would be reduced by your percentage of fault. In this case, you would be able to recover $7,000 ($10,000 minus 30% of $10,000).
It's important to note that California's pure comparative negligence rule allows for compensation even if you are 99% at fault. However, your recovery will be reduced by your assigned percentage of fault.
Additionally, it's essential to consider that insurance companies may also take comparative negligence into account when settling claims. They may assign a percentage of fault to each party involved and adjust the compensation accordingly.
If you're unsure about how comparative negligence may apply to your specific situation, it's advisable to consult with a personal injury attorney who is familiar with California law. They can provide you with legal guidance and help protect your rights when seeking compensation after an auto accident.
Contact Us Today
If you were involved in an accident that was not your fault, contact a car accident lawyer at MVP Accident Attorneys as soon as possible. We offer free consultations where you can discuss your case, learn about your legal rights and options, and find out how we can help. Contact us today to learn more.
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
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