The concept of comparative negligence allows you to recover even if you were partially responsible.
Car accidents are not always straightforward with only one person at fault. Instead, often each party has at least a little bit of blame for the accident. But if you were involved in a crash where you may have been partially at fault, you can still recover for your injuries.
Determining fault can be a complicated process. Each side may claim that the other side caused the accident. However, in California and in many other states, a person who was injured in a car crash can still be compensated, even if he or she was partially to blame for what happened.
Comparative Negligence
This concept is known as comparative negligence, which is sometimes called shared fault. In short, comparative negligence works like this: if you are a certain percentage at fault for an accident, then your total compensation is reduced by that percentage.
For example, imagine you were involved in a car accident where you suffered $100,000 in damages. A driver pulled out onto the road without looking and smashed into your car. However, you were speeding at the time, which made you unable to avoid the accident. You file a lawsuit against the other party, and the case goes to trial. A judge or jury decides in your favor, finding that the other driver was at fault, but determines that you were 20% at fault for speeding. Your $100,000 award would be reduced by twenty percent, or $20,000. Your total award would then be $80,000.
In other states, the law prohibits recovery for a driver who is more than fifty percent at fault for an accident. California law allows recovery, which is important for victims in car accidents who have still suffered serious injuries and other losses as a result of the accident — even if they were partially to blame.
Of course, in many cases, it isn’t easy to divide up who exactly was at fault, and how much they were responsible for the accident. There will often be competing arguments from each side’s attorney about who was actually at fault — and for why their client shouldn’t be held responsible. That is why it is so important to hire an attorney who is highly experienced with and skilled at handling car accident cases.
At the Law Offices of Larry H. Parker, our attorneys have a demonstrated track record of success in handling car accident cases on behalf of our clients. We offer free initial consultations where we will explain your legal rights and options, including the likely percentage that your recovery may be reduced if you were partially at fault for the accident. Contact our office today at 800-333-0000 or info@larryhparker.com to learn more about how we can help you if you have been hurt in an accident. We never charge a fee unless we recover money for you!
