Being in a car accident can be a frightening and chaotic experience. Your first thoughts are likely – “What just happened?” and “Am I injured?”. Once the initial shock wears off, you start to wonder – “How badly am I hurt?” and “Who was at fault?”.
If you live in California and were recently involved in an auto collision that was not entirely your fault, you probably have a lot of questions about the claims process and your rights to compensation. Things get especially confusing if the investigators determine that you share partial responsibility for causing the crash. This article will provide answers to these key questions and offer guidance on navigating the claims process when you share fault for the accident.
Here is what to expect if investigators deem you partially negligent for a California car wreck:
Determining Fault in California
California is a “pure comparative negligence” state. This means if an injured person is partially responsible for the accident, it does not bar them from recovering compensation. However, their compensation is reduced based on their share of fault. For example:
- John is injured in an accident that is determined to be 25% his fault and 75% the other driver’s fault. John’s damages are estimated at $100,000.
- John can potentially recover $75,000 – which is 75% of the damages. His compensation is reduced by his 25% share of fault.
Determining fault percentages is very complex. Many factors are considered like road conditions, visibility, mechanical failure, traffic signals or signs, impairment, distractions, and more. Investigators spend hours reconstructing accident scenes, taking measurements, reviewing evidence, and interviewing witnesses to assign fault.
Common Scenarios Where You May Share Fault
There are many common accident scenarios where injured victims are found to share a percentage of fault. These include:
- Rear-end collisions – The vehicle that hits another from behind is usually deemed primarily at fault. However, there are exceptions. For example, if the lead driver stopped suddenly without cause, they may share some blame.
- Left-turn accidents – A left-turning driver typically yields right of way. But if their view was obstructed or the other driver was speeding, fault may be split.
- Sideswipe crashes – These often result from improper lane changes. Fault depends on whether the lane change was necessary, proper signals were used, and adequate space was allowed.
- Rollover accidents – Factors like vehicle maintenance, cargo load, road conditions and driver error all come into play when determining liability.
- Pedestrian accidents – Though drivers must yield to pedestrians, walkers also must exercise caution and cross properly. Comparative fault may apply.
- Bicycle crashes – Bikers must ride responsibly, while drivers need to share the road. If either party acts carelessly, some shared fault is likely.
Seeking Compensation for Your Injuries
If you are injured in an accident in California that is not entirely your fault, you have the legal right to pursue compensation. This includes payment for medical treatment, lost wages, rehabilitation services, pain and suffering, property damage and other losses.
However, your compensation will be reduced based on your percentage of fault. This reduction applies to both economic and non-economic damages.
For example, if you suffer $50,000 in medical bills and $30,000 in lost income, but you are 20% at fault – your economic damages award would be reduced by 20% to $64,000.
The Insurance Claims Process
Dealing directly with insurance adjusters can be difficult, especially when there is a dispute over fault. Adjusters represent their own company’s interests – not yours. They may try to minimize your compensation or place more blame on you than is fair.
Having an experienced car accident lawyer West Covina CA on your side levels the playing field. Your attorney will thoroughly investigate the accident, build a strong case for your injuries and fight for maximum compensation considering your percentage of fault.
Negotiating a Fair Settlement
Even with solid evidence supporting your claim, the insurance company may make a lowball offer, trying to take advantage of your lack of legal expertise.
A skilled West Covina car accident attorney has the negotiation skills and resources to stand up to adjusters. Your lawyer will point out all the reasons their offer does not adequately cover your damages and lost income. Leveraging their experience and preparation, they can push for a higher settlement that better reflects your losses.
Taking Your Case to Court
If negotiations fail to produce a fair settlement, your attorney can file a personal injury lawsuit and argue your case in court. Through discovery, they will request evidence from all parties involved, take depositions and hire experts to bolster your claim.
Presenting a compelling case before a judge and jury takes an in-depth understanding of negligence and liability laws. Your lawyer will explain how the accident happened, the extent of your damages, and why you deserve maximum compensation reduced only by your percentage of fault. If a favorable verdict is reached, the at-fault parties must pay accordingly.
Other Benefits of Legal Representation
Beyond negotiating with insurers and pursuing litigation, an attorney provides many other valuable services, such as:
- Gathering police reports, medical records and other important documentation
- Communicating with your doctors and health providers
- Managing requests and communications from insurers
- Calculating the short and long-term costs of your injuries and losses
- Understanding the statute of limitations and filing deadlines
- Evaluating settlement offers and advising if they are appropriate
With an experienced lawyer guiding you, the claims process will be much smoother and less stressful.
Don’t Go It Alone – Get Legal Help Today
Being partially at-fault does not mean you should accept an unfair settlement or get no compensation at all. An experienced personal injury attorney levels the playing field and fights for your rights.
If you or a loved one has been injured in an accident in California that was not completely your fault, contact the dedicated team at Karns & Karns Personal Injury and Accident Attorneys at 1-800-484-3946 (1-800-4THE-WIN). With a proven track record and hundreds of millions of dollars recovered for past clients, we have the resources and expertise to build a strong claim and pursue maximum compensation based on your percentage of fault. Call today for a free consultation – you pay nothing unless we win your case!
