It’s not always clear who was at fault in causing an accident, and if you were partly to blame, do you know how that will affect your case under California law? It’s a frequently asked question, and for good reason. When there’s been an accident, determining who’s at fault and by how much is at the center of proving your case and how much you’re owed.
For instance, what if the other driver involved in a car accident was driving in the wrong direction, but you were distracted while talking on your cell phone and didn’t see him coming. Depending on where you live, even if you were found to be only 1% to blame, and the other driver was 99% at fault, you would generally recover nothing, thanks to an old English rule known as “contributory negligence.” Only four states and the District of Columbia still apply this harsh rule, and luckily for San Diego plaintiffs, California is not one of them. Instead, California is a “pure comparative fault” state. This means that even if you’re more to blame than the other party, if the other party shares in at least some of the fault, you can still recover damages. In these cases, the money you’re given is reduced by your percentage of fault. Even so, there’s no formula to determine fault, and if you were overwhelmingly to blame, the chances are the jury will find you fully responsible and award you nothing. Other states have modified comparative fault rules, and in these states an injured person can only recover if their fault is less than 51% or 50%.
We’ll evaluate the accident, and even if you were partly responsible, we’ll negotiate with insurance companies, always working toward reducing the percentage of fault placed on you so we can secure you the best possible outcome. When it’s in your best interest, we’ll take your case to court and advocate on your behalf. Remember that the other party’s insurance company is anxious to find a reason to place part or all of the blame on you, which is why you need to contact an experienced accident lawyer as soon as possible, preferably before you first speak with their insurance company (or your own). Lawsuits must be filed within certain time limits, so be sure to contact San Diego Law Firm’s skilled accident and injury attorneys soon for a free of charge consultation. Reach us at (619) 794-0243.
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