Being involved in an accident can leave you wondering what the consequences are if you share some blame. In California you can still recover damages even if you were partly responsible for what happened.
California’s Comparative Fault Law
California uses a pure comparative fault system. Under this rule each party responsible for an accident is assigned a percentage of fault. You can recover compensation even if you are more at fault than the other party. Your share of the fault reduces the amount you can receive.
How Fault Is Determined
Fault is assigned by considering all relevant evidence including police reports witness statements photographs or videos of the accident scene and sometimes expert reports such as accident reconstruction. Traffic violations speeding failure to yield distracted driving or ignoring signals may lead to higher fault.
How Being Partially at Fault Affects Your Recovery
If you are found to be partially at fault your compensation is reduced by that percentage. For example if your damages are $100,000 and you are 30 percent at fault you can receive $70,000 after the reduction.
Why You Should Still Move Forward with a Claim
Even with partial fault you may still recover medical expenses damage to your vehicle lost wages and pain and suffering. Walking away without claiming means you lose the chance to be compensated for what the other party was responsible for.
How an Attorney Can Help
A personal injury lawyer can help you build a strong case by gathering evidence and preserving records helping to challenge unfair fault assignments negotiating with insurers and ensuring you get full compensation even after accounting for your portion of fault.
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public. The photos used in these posts are for illustrative purposes only and are not representative of any actual incident or individuals. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
