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A vehicle collision is terrifying. You may be anxious, unclear on what to do next, and in severe pain. It can even be more stressful if you think you were partially responsible or someone else implies you played a role in the incident.
However, knowing that other people share the blame for the accident can provide you with a sense of relief. Under California law, regardless of the extent of your fault, you are entitled to claim compensation from the other parties involved.
According to data from the National Highway Traffic Safety Administration (NHTSA), a significant majority, around 94% of car accidents in the United States are considered to be caused by some form of driver error, which often translates to a partial fault in accident scenarios; meaning a large portion of accidents involve shared responsibility between drivers involved.
If you contributed to a traffic accident, it’s best to coordinate with a personal injury lawyer specializing in car accidents. They can advise you and craft a strong legal strategy to minimize your responsibility, which can help increase your compensation.
The Impact of a Lawyer If You Were Partly at Fault for a Car Accident
You should consider hiring a lawyer if you sustained injuries in the accident, even if you think you bear some responsibility for a car accident. If you’re in a U.S. state that follows comparative negligence rules, you may be able to file a personal injury claim for your medical bills, income loss, and pain and suffering. It’s worth noting that your contribution to the accident will affect the amount you’ll receive. However, maximizing your claim is something that experienced lawyers can help with.
Insurance companies often try to reduce their liability by blaming you, mainly when there is some fault on your end. A skilled car accident attorney can foresee and handle these accusations, using solid evidence to protect your rights and guarantee an equitable assignment of liability.
Even if there is a disagreement about who is partially at fault, this proactive strategy guarantees you get the compensation you are due.
How Comparative Negligence Affects Your Claim
After an accident, the question of who is at fault can be very complex. This is where comparative negligence comes into play — a legal principle that recognizes that fault is rarely a black-and-white issue. By recognizing that multiple parties may have contributed to the incident, comparative negligence assigns a certain percentage of responsibility to each party involved to account for the fact that accidents often have a range of causes and consequences.
The type of applicable comparative negligence will depend on the accident’s specifics and the jurisdiction’s laws. California follows a pure comparative negligence system that allows a plaintiff to recover damages even if they are partially at fault, with compensation reduced by their percentage of fault.
Here’s an example:
A driver exceeding the speed limit by 20 miles per hour collides with you while you are making a left-hand turn at a blinking yellow light. The other party will likely be at fault for this speeding-related accident. However, the authorities may deem you partially responsible if you were expected to yield to oncoming traffic.
Partial fault can significantly impact the result of an accident claim. Generally speaking, your fault proportion will lower the damages you can claim in a personal injury case.
Under California laws, your compensation drops by thirty percent if you are thirty percent at blame for an accident, and your losses total $10,000. In this case, you will receive $7,000 — or seventy percent — from the other motorist or insurance company.
As another example, assuming your claim is valued at $200,000:
- If you are found to be 20 percent at fault, you may be entitled to $160,000.
- If you are found to be 40 percent at fault, you may still receive $120,000.
- If you are found to be 60 percent at fault, you may still be entitled to $80,000.
How Can Car Accident Lawyers Help
Your attorney can help you with the technicalities of your car accident claim. Identifying the common causes of car accidents and the methods insurance companies employ to establish fault is crucial. Understanding what it means to be partially at fault and how this can impact your accident claim is equally important.
In addition to shedding light on the intricate comparative negligence rules, an experienced personal injury lawyer can negotiate a settlement on your behalf. They can also offer helpful guidance and assistance throughout the process. A skilled car accident lawyer, particularly if you share some responsibility, can help you understand your legal choices and preserve your rights.
Additionally, your auto accident attorney can help you with the following aspects of your claim:
Tackling Insurance Regulations
Dealing with insurance regulations can be challenging, particularly when you hold some responsibility for the accident. Knowledgeable car accident attorneys understand the intricate nature of California’s insurance laws. They can skillfully negotiate with insurance adjusters to protect your interests and prevent you from being coerced into accepting a low settlement offer.
Calculating Fair Compensation
Following an accident, it’s crucial to establish the correct value for your claims when pursuing a settlement. A seasoned lawyer can evaluate your damages, such as lost wages, medical bills, and pain and suffering, and strive to secure the highest compensation you deserve under California law.
Filing Within The Statute Of Limitations
The statute of limitations is the deadline by which you must file a lawsuit for financial compensation for the injuries you suffered in an accident due to someone else’s negligence. In California, you usually have two years from the date you should have known or became aware of the injury to file a claim.
You are generally only allowed to file the claim again in the future if you bring it within this time frame. An attorney specializing in car accidents will guarantee that all required documentation and legal processes are completed efficiently and within the designated window.
Representing You In Court
If discussions with insurance providers do not yield a favorable outcome, your case may proceed to trial. Usually, this is where the technical specifics can be too overwhelming to absorb, and you need to have someone who speaks and understands the legal discourse thoroughly. It is essential to have an experienced car accident attorney with a strong background in litigation.
They have the expertise to construct a comprehensive case, showcase persuasive evidence, and adeptly advocate for you in front of a jury to achieve a positive outcome.
How To Determine Fault In An Accident
Several criteria are considered when assessing who is responsible for a car accident. Among these are:
- Police Report — Usually, the responding police officer would write a report outlining their observations and conclusions from the accident scene. This report can be invaluable in determining liability because it contains information that can be used as evidence in personal injury cases.
- Eyewitness Statements — Statements and testimonies from people at the accident can offer important information about what transpired. Eyewitnesses may describe the activities of each party involved in detail, assisting in determining fault.
- Expert Testimony — In specific circumstances, experts in accident reconstruction could be called upon to reconstruct the accident site. These experts can give a complete account of what happened by looking at physical evidence like skid marks or damage to the car. This information can help determine who is responsible. Furthermore, a medical expert can testify on the extent of injuries, and an engineering expert might explain how a mechanical malfunction led to the incident.
- Traffic Laws — If one person breaks a traffic regulation, such as failing to yield or running a red light, it can serve as proof of carelessness and fault. Running red lights is a common cause of injury-causing and fatal car accidents. According to the Insurance Institute for Highway Safety (IIHS), 1,149 people lost their lives in collisions involving red-light running in 2022.
- Independent Legal Investigation — Following an accident, your lawyer will investigate the car accident independently. They will evaluate the damages, analyze the facts, and speak with witnesses.
The Role Of Insurance Companies And Attorneys In Determining Fault
Insurance companies determine liability through investigations. The process starts after the victim files a claim with the insurance company. The claimant provides necessary information about the accident or incident, including the date, time, location, and involved parties. The insurance company then investigates to gather additional evidence and evaluate the situation.
Your personal injury attorney will conduct a thorough investigation to protect your rights, independently assessing the accident site, speaking with witnesses, and examining all available evidence. By not solely relying on the insurance company’s findings, they ensure a fair evaluation and advocate for the full compensation you deserve.
How Insurance Companies And Lawyers Approach Accident Claims
When conducting their investigations, insurance firms consider several facts to determine who caused the motor vehicle accident. These include the police report, witness and driver statements, physical evidence from the accident scene (e.g., skid marks, car damage), and any infractions of traffic laws. The time of day and weather during the accident can all be considered evidence.
Unfortunately, car accident victims often find themselves facing an uphill battle when seeking compensation from the responsible party. Insurance companies have a team of lawyers dedicated to defending the company in accident claims. These lawyers have a deep understanding of the legal system. They are also skilled in analyzing insurance policies to determine any loopholes or exclusions that can be used to reduce the compensation owed to the victim.
This is why victims need to seek legal representation from an attorney experienced in handling car accident claims. Aside from informing you of your legal rights, they can conduct a thorough investigation and consult with accident reconstruction experts, medical professionals, and other investigators.
Car accident lawyers can also help assess the extent of the losses and injuries, considering medical expenses, lost productivity at work, and all the long- and short-term consequences of the collision. They will then calculate a fair amount for your losses, ensuring the insurance company does not undervalue your claim. Car accident attorneys are ready to represent you and vigorously defend your rights whether or not the case goes to trial.
Proving Negligence In A Car Accident Claim
Although proving negligence in a car accident lawsuit in California is challenging, justice can be served with the help of substantial evidence and a good lawyer. Integral evidence such as medical records, eyewitness accounts, accident reports, images, professional viewpoints, and surveillance footage is essential in demonstrating negligence. A skilled lawyer can gather relevant data, look into the facts, and build a case to prove that you played a minimal role in the incident.
Four elements establish the viability of a comparative negligence claim. Your car accident lawyer can help you prove the following:
- You Were Owed A Duty — You must be owed a duty of care to be entitled to damages. When drivers get behind the wheel, they automatically owe others the duty to exercise caution on the road to protect their lives and property.
- Breach Of Duty — Personal injury law is based on the notion that an individual violated their duty of care, harming another individual. That implies that to prove a case, you must demonstrate a failure to uphold that obligation. For instance, the other driver was preoccupied with their phone and wasn’t paying attention to the road.
- The Breach Resulted In The Accident — It must be demonstrated that a breach of duty caused the accident. For example, because the driver was checking their phone, they caused a distracted driving accident.
- You Suffered Damages — You are not entitled to compensation if you did not suffer any damages. However, those losses must also directly connect to the incident at hand. If your spinal cord injury or brain injury was not caused by the accident, you may not be able to get compensation.
Recoverable Compensation In A Car Accident Claim
Even if you are partially at fault in an accident, you can still obtain significant compensation for your medical bills. Car accident lawyers will work diligently to secure the highest possible compensation for your and your family’s hardships.
These and other important factors will influence the size of your personal injury settlement check:
- Current medical expenses and projected costs for future care.
- Travel fees from doctor visits and surgery consultations.
- Lost earnings and benefits at work while you are recovering.
- The physical pain and emotional distress that you’re facing.
- Loss of enjoyment of life.
- Loss of consortium (the loss of companionship and intimacy with a spouse).
- Costs associated with property damage and car repairs in automobile accident cases.
Wrongful death is a separate type of claim but is likewise handled by personal injury lawyers. Families grieving the loss of a loved one due to an accident have the option to pursue a wrongful death claim. Wrongful death damages cover funeral burial expenses, the income or support the decedent would have provided if they had lived, and the intangible losses from losing a loved one.
What To Do After A Car Accident
Taking specific steps immediately ensures your safety and protects your rights. Here’s what you need to do after a car accident:
- Remain Calm And Stay At The Scene — Try to stay calm so you can think straight despite the situation. If you or anyone else is injured, call 911. Remain at the scene and wait for the medical and police responders to arrive.
- Gather Information — Try to get as many details as you can. Take photographs of the accident scene from various angles. Include close-up shots of any visible injuries, vehicle damage, and environmental factors that may have contributed to the accident. If there are any witnesses, get their contact information.
- Do Not Admit Fault — When talking to the police or the other parties, stick only to the facts of what happened. Never admit fault or say “sorry.”
- Seek Medical Treatment — Even if you feel okay, you should always get medical attention after an accident. Your injuries might be more serious than they seem. For example, some traumatic brain injuries and back injuries don’t show immediate symptoms, but they can get worse over time.
- Contact Your Insurer — Inform the insurance company about the accident. Avoid engaging in a debate regarding fault. Don’t risk damaging your case by admitting responsibility or acknowledging guilt for the collision.
- Speak With An Attorney — Speak with a car accident lawyer as soon as possible, regardless of who was at fault. A lawyer with experience in vehicle accident cases can assist in identifying and establishing the negligence of the responsible parties.
Frequently Asked Questions
What Happens When You Are Partly At Fault?
Aside from the effects of comparative negligence previously discussed, where the victim’s compensation is reduced by the degree of their fault, partial fault can also affect other matters. For example, your vehicle insurance rates may increase if you had some partial responsibility in a traffic accident, but not definitely, and not as much as if you were entirely at fault. Increased deductibles, restrictions on your coverage, or denial of coverage are all possible outcomes.
The Adjuster Wants A Recorded Statement. What Should I Do?
Arm-wrestling you into making a recorded statement is a common strategy insurance firms use to trick you into admitting responsibility. You should know that you are not obligated to give these people a statement. You should graciously turn down any opportunity to register the statement with the other driver’s insurance provider.
The adjuster should only communicate with your car accident lawyer. On your behalf, they could submit a written statement outlining the accident’s details.
Who Should I Hire For My Car Accident Injury?
After an accident, you might be wondering, “Do I need a personal injury lawyer for my case?” Hiring an auto accident attorney near you can be advantageous for several reasons. They can represent you, ensuring the best chance of a positive outcome for the incident. A competent car accident lawyer can navigate the legal process efficiently and maximize the value of your claim.
Look for an attorney who provides free consultations and is available to answer your questions or address any concerns you may have. Communication is key; an attorney who prioritizes your needs will be a valuable ally.
What Are My Legal Options If I’m Partly At Fault For The Wreck?
While you may think you were primarily responsible for the crash, there may be other factors at play that a knowledgeable car accident lawyer can identify. By thoroughly investigating the incident, your lawyer can gather evidence and determine the extent of each party’s liability. They can then determine a fair settlement that takes into account each party’s percentage of responsibility.
Should I Settle If I Am Partially Responsible For An Accident?
Settlements can be finalized relatively quickly, allowing you to resolve the matter and move on with your life. This can be particularly beneficial for victims who require immediate medical attention or financial support. Going to court can be time-consuming and expensive. However, higher compensation or damages may be awarded.
The best course of action after any accident is to contact an injury law firm right away. Since each case is different, your lawyer will be the best person to guide you on the settlement process. They can evaluate your case, assess the extent of your liability, and advise you on the best course of action.
If I Was Partially At Fault For An Accident, Should I Admit It?
No. Admitting fault can be used as a legal conclusion. It is common for what you say to be misunderstood and used against you, even if you think you are simply being honest.
Remember, the goal of a defense attorney is to shift the blame onto you. They may twist your words to make it appear that you are entirely at fault for the accident. Speak to a personal injury attorney right away. Be truthful when discussing any blame or fault you may have with your car accident lawyer. They will help you articulate the facts in a way that supports your case without assigning unnecessary responsibility to you.
If I Am Partially At Fault, Can I File A Personal Injury Lawsuit?
If you share some blame for an accident, you may still pursue a personal injury claim. There are a few situations in which it could be wise to file a lawsuit:
- The defendant’s insurer won’t participate in settlement negotiations.
- You’re unable to agree with the other party and their insurance provider.
- The time for filing a claim is drawing near.
Even though most disputes end in settlement before trial, going to court to determine fault percentages might be necessary. Based on the facts of your case, your car accident lawyer will advise you on whether filing a lawsuit is the appropriate course of action.
Can An Undocumented Person Make A Car Accident Claim?
In California, a person’s immigration status or citizenship does not affect their right to file a personal injury claim. All individuals, regardless of their immigration status, have the right to seek legal remedies when they are injured due to someone else’s actions or negligence. Undocumented immigrants have the right to file personal injury claims and seek compensation for their losses.
Do You Need Representation From An Experienced Car Accident Attorney?
You should not bear the physical, emotional, and financial burdens of a car accident that was not entirely your fault alone. If you or someone you care about was injured in a car accident, you have the option to either file an insurance claim or a lawsuit.
Consult with our lawyers specializing in car accidents. We will evaluate your case, analyze the important factors that may affect the personal injury compensation you could receive, and determine your best course of action. Additionally, our lawyers can assist you if obtaining further information or evidence proves challenging.
As one of California’s biggest personal injury law firms, we are committed to advocating for victims’ rights and skillfully representing them in any legal proceedings. We have obtained over $500 million in compensation for our clients. You can rest easy knowing that you are working with the best. We also operate on a contingency fee basis, so you don’t have to pay us anything upfront. Our fees are a percentage of your settlement or award. If we don’t win, you don’t owe us anything.
Our lawyers also handle other types of traffic collisions, like pedestrian accidents, truck accidents, motorcycle accidents, bicycle accidents, and rideshare accidents. We also work on personal injury cases involving workers’ compensation, product liability, dog bites, and more. Our legal team will help you recover your maximum compensation for injuries and damages.
To contact one of our personal injury attorneys, please call (888) 488-1391 or fill out our “Do I have a case?” form.
