What if I Am Partially at Fault in My California Car Accident?
Being involved in a car accident is frightening. Regardless of who caused the crash, the situation can be highly stressful and leave you wondering what your options are to ensure you get compensated for your losses. However, if you were partially at fault for your car accident in California, you may wonder if getting compensation is still possible. Luckily, California is a comparative fault state. So, even if you are found to be partially at fault for your accident, you may still be eligible to retain damages.
NK Law Group is a personal injury law firm in California that helps clients who have been involved in car accidents in which they were partially at fault. Being partially at fault does not mean you cannot collect compensation for your accident. Our team of legal professionals will help you build a strong claim to pursue the damages you may be owed.
Understanding California’s Comparative Fault Laws
Each state approaches fault in car accidents differently. While some states require that a driver has had no part in causing an accident to be eligible to collect compensation, California operates under what is known as “comparative” fault to determine whether a driver is eligible for damages. Comparative fault allows drivers to potentially collect compensation even when partially at fault for the accident.
For example, say a driver is 20% at fault for an accident, and the other party is 80% responsible for the crash. If the driver who holds 20% liability is pursuing damages of $10,000, they may be awarded $8,000 instead. Their 20% liability will be deducted from the $10,000 in damages that they requested for their claim.
It should be noted that California is a pure comparative fault state. Drivers who are more than 50% at fault for the accident may still seek compensation by filing a claim.
What Factors Are Used to Determine Fault in a California Car Accident Case?
To determine the amount you are liable for a comparative negligence car accident case, you will need to provide evidence of the four factors of negligence:
- You were owed a duty of care
- The other party breached that duty of care
- The breach in duty of care led to your accident and injury
- You suffered a loss as a result
Without evidence to prove that the other party had some liability in your accident case, your claim may not be successful. That is why it is crucial to have the help of a trusted California lawyer who can help you collect vital evidence for your case.
What Damages Can You Collect After a Comparative Negligence Car Accident Claim?
Despite being partially at fault for a car accident, if you were harmed, you still deserve compensation for your losses. The damages you may be eligible to collect include the following:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
For help with your car accident claim, contact a trusted California lawyer today.
Contact a Comparative Fault Car Accident Lawyer Today
At NK Law Group, our team of trusted lawyers has extensive experience helping car accident victims in California who may be partially at fault in their accidents. We provide them with the legal expertise and experience to help them build strong claims and collect compensation despite their partial liability.
You do not need to go through the California claims process alone. To schedule a free consultation with one of our comparative fault car accident lawyers, contact us here or call (510) 519-9497.
EXPERTLY REVIEWED BY
Naseer Khan, Esq.
June 16 2023
Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.