When you are injured in an accident that was caused by someone else, you are certainly entitled to compensation for your damages. But sometimes, you may be partly at fault for the accident. If so, you may wonder whether you are still able to make a claim. California law allows victims of accidents to make a claim if the other driver is responsible for any portion of the accident. This is known as pure comparative negligence. These types of claims can be complex and therefore it is usually best to get help from an experienced San Diego personal injury attorney.
Comparative Negligence
In an accident case, there needs to be a determination of negligence. Both parties must have an assignment of fault. For example, an accident may have been 20% your fault and 80% the fault of the other driver. This decision is based on all the facts of the case and it is up to the court to assign a percentage of negligence to each party. Evidence should be presented that provides details to allow the decision to be made according to the facts of the case.
Negligence Standard
In California, the law allows for those injured in an accident to file a lawsuit even if they are partially at fault. Even those who are mostly responsible for an accident can make a claim against the other driver. Once the assignment of negligence is made the court will provide a ruling on the assignment of damages. Damage awards would be reduced based on fault assignment. For instance, if the other driver is 80% at fault for the accident, the court will assign 80% of the damages. In this case, if the court determines that damages are $100,000, the other driver would be responsible for $80,000.
How a Personal Injury Attorney Will Help
Personal injury cases can be complicated, especially when both parties had some percentage of fault. One of the most important aspects of these types of cases is providing evidence that helps to assign fault. Evidence may include the police report, witness statements, surveillance video, photos of the accident location, and other things. Your attorney has a team of professionals ready to assist in gathering these important items in order to prove your case in court.
Help from an Experienced Attorney
If you have been injured in an accident it is advisable to speak with a qualified personal injury attorney as soon as possible. Do not make any statements admitting guilt and do not accept any type of payment from the insurance company until you talk to a lawyer. All too often, the insurance company will try to resolve the matter quickly by providing you with payment. This payment is often much less than the compensation that you should receive to cover the injuries or damages you suffered. If you or a family member were seriously hurt in an accident that was at least partially someone else’s fault, contact the skilled legal team at the Law Office of Patrick G. Shea, APC today for a consultation.
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