Can You Bring A Car Accident Lawsuit If You're Partially At Fault In California?

The aftermath of car accidents can be stressful, confusing, and overwhelming. Not only do you have to manage your own injuries, but you also have to consider the damage to your car and how much your insurance will cover in the end. This stress is only made worse if you made a mistake that contributed to the accident, even in a small way. Luckily, in California, those who contributed to accidents still have an avenue for claiming compensation for their injuries and car damage.

How California Determines Fault in Car Accidents

After a car accident is reported to the police, police officers and, later, the court will evaluate the evidence available to determine who is at fault. The party that is at fault will likely experience a sharp rise in insurance premiums and may even receive tickets and license suspension, depending on the severity of the car accident. The authorities consider evidence such as witness testimony, camera footage, GPS data, damages to each vehicle, and injuries sustained to determine who was acting with negligence or malice. Sometimes, fault may be shared between the parties, each acting in a negligent way to contribute to the car accident. If, for example, one party was driving while distracted when another party made an unsafe maneuver, resulting in an accident, both drivers may be at fault.

What is Comparative Negligence?

When multiple parties are found to be at fault in a car accident, California's comparative negligence law comes into play. The authorities identify how much or how little the actions of each party led to the car accident and assign percentages of fault to each. These percentages will impact the maximum compensation each party can receive in a car accident lawsuit. If a party chooses to bring a car accident claim in California with the help of a car accident attorney, also known as abogado de accidente de carro en california their compensation will be reduced by their percentage of fault. For example, if the above distracted driver brought a personal injury lawsuit with a car accident attorney and was found to be 30% liable for the accident, their maximum award amount will be reduced by 30%. This system helps drivers who may have made a poor choice recover some damages to help pay their bills.

Types of Car Accident Damages

If you choose to bring a lawsuit, consulting a car accident attorney in California could help you understand what your rights and possible damages are. While there is never an obligation to retain a lawyer, some car accident victims find it helpful to reduce their stress through the legal process. Car accident lawsuits can potentially collect compensation for medical bills, therapy and rehabilitation costs, car repair or replacement, lost or destroyed property, pain and suffering, and punitive damages if the other party's negligence was particularly egregious.

What to Do After a Car Accident

If you were in a car accident, your first priority should be safety. Move yourself and your car, if possible, away from traffic and call 911 for medical assistance if you're injured. The police will also be dispatched to report the accident and help you move to a safer location when you call emergency services. Collect the other party's contact information and insurance policy so you can file a claim with your insurance company. If you believe you have a case for a car accident lawsuit, you can also reach out for a car accident attorney in California like those at Abogados Fuertes to come to you for a free consultation.