Answers to Personal Injury, Wrongful Death, and Car Accident Questions
Q: If I am partially at fault for causing an auto accident, do I have a claim to be compensated for my injuries?
A: If you are involved in a California auto accident, you are still allowed to receive compensation for your injuries even if you are partially at fault for causing the accident. Many people think that if they are partially responsible for causing a traffic accident that they cannot be compensated at all. This is not true!
Unlike other states, California is a "comparative negligence" state which means that when one or more parties is determined to have caused an accident, the trier of fact (either the judge or in most cases, the jury) determines whether each of the parties is at fault and to what extent. For example, say that a jury decides that one person is 75% at fault for causing a San Diego motorcycle accident but that the motorcycle rider is also 25% at fault. The jury awards its' verdict based on a percentage of liability. If the value of the motorcyclist's injury is $100,000, the rider will receive $75,000 after a jury finds him 25% at fault for causing his own accident ($100,000 less 25% equals $75,000).
Other states use a contributory negligence standard in determining whether to award personal injury damages. In contributory negligence states, if an injured person is found to be even 1% at fault, then he cannot recover any damages!
Never assume that if you are partially at fault for causing a California car accident that you cannot receive compensation. Accidents are typically caused by a number of factors and causes and one should never assume that they are barred from recovery. Never let anyone pressure you into admitting fault for causing a traffic crash or wreck before you know all the facts.
The San Diego car accident lawyers at the Jurewitz Law Group provide important strategies and news affecting San Diego auto accident injury victims. Follow our Facebook updates for more information. For free information and for help with your car accident claim, contact our San Diego personal injury law office at 888-233-5020 for a free consultation.
