Though most people think of car accidents as being the fault of one party, the truth is that there is often more than one person at fault. If you were somewhat to blame for your car accident, this does not mean that you cannot recover damages for your injuries. Read on to learn more and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you are ready to move forward with a free legal consultation.
Car accidents are rarely straight forward
The truth is that most car accidents are not as simple as one person being 100% at fault and the other being totally innocent. Instead, both parties generally have at least some amount of blame. In the state of California, if you were injured in a car accident and are partially at blame you still have a right to sue for compensation.
The idea of comparative negligence
Also called shared fault, comparative negligence means that if a person is at fault for an accident then their compensation for that accident will be reduced by their percentage of fault. As a simple example, imaging that a person won $100 in a settlement and was found to be 10% at fault. They would lose 10% of that settlement due to their percentage of fault and their total settlement would end up at $90.
Note that in some states, if a person is more than 50% at fault for an accident then they do not generally have legal recourse to sue for damages. This is not the case in California where a person could potentially sue even if they were 80% or even 99% at fault.
It is up the judge or jury to determine fault
It is almost always the case that it is challenging to determine whose fault an accident was. For example, let us say that a car ran through a red light and hit a car that was turning left in a no-turn lane. They are both breaking the law – who is at fault? If the car going through the red light had stopped as required then the accident would not have happened. Likewise, if the person turning illegally had not done so, then the accident would not happen.
In most cases, it is up to the attorneys on the defense side and the plaintiff side to argue who was at fault. They will bring in eye witnesses, expert witnesses, and evidence. By looking at all the facts, the hope is that a good idea of the accident can come to light and a fair settlement will be reached.
We can help with all personal injury cases
Comparative negligence is relevant to every person injury case and The Law Offices of Larry H. Parker can help with each of those cases. If you were injured in an accident and want a free legal consultation with a personal injury attorney then we encourage you to contact The Law Offices of Larry H. Parker at 800-333-0000 today.
