When you get hurt in an accident, your ability to get compensation often depends on who was at fault. But what if you were partially responsible for the accident? Can you still file a personal injury claim? For Californians, the answer is yes and it’s because of a legal concept called comparative fault.
How is Fault Determined in California?
Fault is determined by evidence such as police reports, witness statements, photographs, video footage and expert testimony. Attorneys play a big role in gathering and presenting that evidence.
California’s Pure Comparative Fault Rule
California is a pure comparative fault state. This means even if you were 99% at fault you can still recover for the 1% the other party is responsible for. The amount you can recover is simply reduced by your percentage of fault.
Example:
You are in a car accident and a jury finds you 30% at fault and the other driver 70% at fault and your total damages are $100, you could recover $10, you could recover $10, you could recover $70.
How Comparative Fault Impacts Your Insurance Claim and Settlement
In most personal injury cases, insurance companies are the first to negotiate your insurance claim and potential settlement. If it’s determined that you are partially at fault, your settlement offer will be reduced accordingly. However, insurance companies often try to exaggerate your level of fault to lower their payout. That’s why you need a skilled personal injury attorney on your side.
What if I’m More Than 50% At Fault?
You can still recover but your damages will be reduced by your percentage of fault. Even being mostly at fault doesn’t bar recovery under California’s pure comparative fault system.
Will insurance companies pay if I’m partially at fault?
Yes, but they will reduce the payout. Insurance adjusters will try to assign a higher percentage of fault to you, so you need legal help to make sure your level of fault isn’t overstated.
Common Cases of Shared Fault
Partial fault can come into play in many personal injury cases, including:
- Car accidents where both drivers violated traffic laws.
- Slip and fall where the injured person ignored warning signs.
- Dog bites where the victim was trespassing or provoking the dog.
Why Legal Representation Matters
If you were injured and may be partially at fault, contact an experienced personal injury attorney like those at Steinberg Injury Lawyers and:
- Get the full facts of your case.
- Dispute exaggerated claims of your fault.
- Get the maximum compensation you are entitled to.
Don’t Let Partial Fault Stop You From Filing an Accident Claim
Just because you may be partially to blame doesn’t mean you lose all your rights to compensation. Under California law, you still have the legal right to pursue compensation, and with the right lawyer, you can file an accident claim and build a strong case.
Contact Steinberg Injury Lawyers Today
Steinberg Injury Lawyers has been helping injured Californians with accidents caused by negligence for over 35 years. If you or a loved one were hurt and are concerned about fault determination, our experienced accident attorneys and accident lawyers are here to help. Contact us today to schedule a free consultation.
