What is the Value of a Car Accident Case if I am Partially at Fault?

In a personal injury lawsuit, there are two sides: the plaintiff and the defendant. One of these parties will be blamed for the accident, and the other side will be seen as the victim. But this is not always the case when it comes to car accidents in the state of California. Certainly, there are situations where you can say one side is clearly at fault. But many car accidents involve some form of negligence by both sides, meaning both drivers could have done something to prevent the incident

Figuring out each party’s level of fault in a car accident is extremely important, as it will determine the amount of compensation they can request for their physical and mental injuries. Unfortunately, most drivers who are partially at fault for a car accident assume that they have no right to monetary damages. However, this is not the case in California, which allows you to seek compensation even if you are partially at fault in a car accident.

To discuss your case with an experienced car accident lawyer, contact Normandie Law Firm and schedule a free case evaluation.

California’s Pure Comparative Negligence Laws

There are several different systems that determine a person’s right to compensation if they were injured in a car accident. These systems include:

• Pure Contributory Negligence
• Pure Comparative Fault System
• Modified Comparative Fault System
• Slight/Gross Negligence Comparative Fault

The state of California operates under the laws of pure comparative fault, meaning compensation is calculated based on each side’s percentage of fault for the accident. Furthermore, you are allowed to sue for monetary damages, regardless of how much you are at fault for the accident, as long as you are not 100% responsible.
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How is Liability Divided in a Car Accident?

Assigning liability in a car accident is one of the most important tasks for an insurance adjuster, as it will affect the amount of funds that each side is entitled to. Each insurance company has their own protocols for calculating the percentage of fault in a car accident. However, they must base their findings on the available evidence, such as:

• Traffic accident reports
• Witness statements
• Surveillance camera footage
• Dash cam footage
• Tickets/ citations issued by the police
• Phone, email, text records, if applicable

As lawyers, we conduct our own investigation using the same type of evidence. Why is this important? We may uncover something that the insurance company overlooked. For example, one of the drivers in an accident was cited by the police for running a red light, which makes him look 100% guilty for the accident. But his lawyer finds surveillance footage that shows how the other driver was distracted on his phone and failed to stop when he saw the other driver coming towards him.

With the available footage, the distracted driver was found to be 20% liable for accident. That means the driver who ran the red light is not as responsible for the accident as the insurance company claimed. Even more important, the driver has a claim for damages under California’s comparative negligence laws, even though he is mostly responsible for the accident.

Can I Sue Even if I’m Partially at Fault for the Accident?

Yes, you can file an injury claim or lawsuit even if you are partially at fault for the accident. Additionally, you can claim monetary damages even if your degree of fault was higher than the person you are suing. This is important to note, as many victims believe that the right to sue is based on who was more negligent. However, comparative fault is simply a system for determining the percentage of fault each side has in an accident. So even if you are 60% responsible for an accident, you can still file a claim and receive 40% of the value of your case.

What is the Value of a Car Accident Case where I am Placed Partially at Fault?

California is a pure comparative negligence state, so it’s based on the percentage of fault you are given in an accident. For example, let’s say the value of your case is $1 million if the other party was 100% at fault for your car accident. If it’s determined that you are 20% at fault, your case value would drop to $800,000.

Skilled legal representation is crucial in determining a fair percentage of fault based factual evidence. You will also need a lawyer who can calculate an adequate amount of damages for your injuries. This is particularly important when your settlement may be reduced by your percentage of liability for the accident. If you’re in need of representation in a car accident that was partially your fault, contact our law firm and schedule a free consultation.

Examples of Pure Comparative Fault in a Car Accident

To give you a better understanding of California’s comparative fault system, here are some examples of split liability in a car accident:

• A young man is jaywalking when he’s hit by a drunk driver. The pedestrian’s claim, which includes physical / mental injuries, lost wages, and property damage, is valued at over $200,000. The case goes to trial, where the jury decides 80% liability for the drunk driver and 20% liability for the plaintiff. Thus, the pedestrian receives $160,000 to reflect his percentage of fault.

• The defendant in this case hit another driver while she was switching to another lane. She was careless in making the lane change, but the other driver contributed to the accident by driving too fast. The driver that was speeding filed an injury claim for $30,000. After negotiating with the insurance company, both sides agree that the defendant is 85% liable and the plaintiff is 15% liable. As a result, the plaintiff received $25,500 in compensation.

Speak to an Experienced California Auto Accident Lawyer

Comparative fault cases are undeniably complicated, so it’s best to work with a law firm that’s experienced in a wide variety of auto accident claims. Our lawyers have decades of experience in car accident lawsuits and know what it takes to secure a favorable outcome in these cases. We know that a few percentage points isn’t a minor issue for a car accident victim. It can mean thousands of dollars that they will lose out in compensation. That’s why we are so zealous when it comes to the rights of our clients and making sure they receive the settlement they deserve.

Our Zero Fee Guarantee

We know that the cost of legal representation is a big concern for accident victims. However, there is no need to worry about legal fees when you retain one of our attorneys. We offer a Zero fee guarantee, meaning you pay nothing upfront for our services. We only get paid by recovering your settlement, and at that point, it’s the defendant who will be paying our expenses. As you can see, there is no risk to you by giving us a call and speaking with one of our attorneys. For a free consultation to learn about your rights and legal options, contact our office at your earliest convenience.

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