If you played a role in a crash, you might be asking yourself whether that means you’re out of luck when it comes to getting compensated for your injuries or losses. It’s a common concern, given that no one drives perfectly all the time. Maybe you glanced at your phone for a second or merged a little too quickly.
Fortunately, being partly at fault for an accident in California doesn’t automatically cancel your right to compensation. Here’s what you need to know.
California follows pure comparative negligence rules
Under California law, you are entitled to damages even if you were mostly at fault for the crash – up to 99%. Your compensation just gets reduced based on your share of the blame. For instance, suppose your total damages are $10,000, but you were 40% responsible. You’d still be eligible to receive $6,000, which is your original amount minus the 40% you were to blame.
How is fault apportioned?
You might wonder how insurance companies decide who’s responsible for what when multiple drivers share blame for an accident. Determining fault isn’t always black and white. The process involves looking at evidence and circumstances surrounding the crash, such as police reports, witness statements, photos and even accident reconstruction.
The goal is to figure out who caused the accident and by how much. Sometimes, they don’t always get it right, and you may be assigned a higher percentage of fault than you deserve. This can happen if the evidence isn’t clear or if there’s disagreement over what exactly happened during the crash.
In such cases, you have the right to challenge the decision and present evidence supporting your case. You can even take the matter to court for determination if necessary.
Proper legal support can make a huge difference
Navigating fault and compensation after a crash can be complicated, especially when you’re also dealing with injuries, stress and mounting bills. Having qualified guidance can help you understand your rights and options, challenge unfair blame and fight for a better outcome.
