How Does Comparative Negligence Impact My Car Accident Claim?
In California, the concept of comparative negligence plays a significant role in car accident claims. This legal principle essentially means that the fault for an accident is not always 100% on one party. Instead, each driver involved in the incident may share a percentage of the blame.
For instance, let’s imagine you were involved in a car accident at an intersection. You were speeding slightly, but the other driver ran a red light. In this scenario, the other driver might be more at fault for causing the accident, but your speeding could also be considered a contributing factor. In a comparative negligence state like California, this shared fault can significantly impact the amount of compensation you can seek. If you were found to be 20% at fault for the accident, that percentage would be deducted from your compensation. So, if your damages totaled $10,000, you would only be able to recover $8,000 after the 20% reduction.
Can I Still Seek Compensation If I Was Partially At Fault?
In a comparative negligence state like California, being partially at fault for a car accident doesn’t necessarily bar you from seeking compensation. However, it does mean that the percentage of fault attributed to you will be deducted from your compensation. For example, if you were found to be 30% at fault for a car accident, and your total damages were $15,000, you would only be able to recover $10,500 after the 30% reduction. Insurance companies often try to assign more blame to you than is warranted in an attempt to reduce the amount they have to pay out.
What Types of Damages Can I Seek After a Car Accident?
After a car accident, you might be facing a variety of costs and losses, collectively known as damages. These damages can be both economic and non-economic. Economic damages are those that have a clear monetary value. They include medical expenses, property damage, lost wages, and any other out-of-pocket costs you’ve incurred because of the accident. Non-economic damages, on the other hand, are more subjective and harder to quantify. They include loss of enjoyment of life, pain and suffering, emotional distress, and other similar types of harm. In California, there’s no cap on the amount of either economic or non-economic damages you can seek in a car accident case. However, the amount you can actually recover will be influenced by the comparative negligence rule.
How Does the Severity of Injuries Affect My Car Accident Claim?
The severity of your injuries can significantly influence your car accident claim in a comparative negligence state like California. More severe injuries typically result in higher medical bills, longer recovery times, and potentially permanent disability. This can lead to greater economic and non-economic damages. For instance, if you received a traumatic brain injury in a car accident, you might face extensive medical treatments, rehabilitation, and long-term care. You might also be unable to work for an extended period, or even permanently. Additionally, you could experience a decreased quality of life, significant pain and suffering, and emotional distress. In such a case, the amount of compensation you could seek would likely be much higher than if you had sustained minor injuries. However, the comparative negligence rule would still apply. If you were found to be partially at fault for the accident, your compensation would be reduced accordingly.
What If I’m Dealing with Long-Term Injuries or Disability?
If you’re dealing with long-term injuries or disability as a result of a car accident, your claim can become significantly more complex. You might be facing ongoing medical expenses, lost earning capacity, and significant changes to your quality of life. In these cases, it’s crucial to accurately calculate your future costs and losses, as well as your non-economic damages.
How Can Evidence Influence My Car Accident Claim?
Witness statements, police reports, medical records, and photographs of the accident scene can help establish fault and the extent of your damages. For example, let’s say you were rear-ended while waiting at a red light. You took photos of the damage to your car, obtained a copy of the police report that clearly states the other driver hit you from behind, and have medical records documenting your injuries. This evidence could be instrumental in proving the other driver was at fault and determining the amount of compensation you should receive. However, gathering and presenting this evidence can be complex.
What If the Other Driver Doesn’t Have Insurance?
Unfortunately, not all drivers carry the required auto insurance. In such a scenario, your own uninsured motorist coverage can come into play. This insurance coverage protects you if you’re hit by a driver who doesn’t have any insurance or enough insurance to cover your damages. However, dealing with your own insurance company can still be challenging. They might try to minimize your claim or deny it altogether.
What Role Does an Attorney Play in My Car Accident Claim?
A talented attorney can provide invaluable assistance throughout your car accident claim process. They can help you understand the intricacies of California’s comparative negligence law, accurately calculate your damages, gather and present evidence, and negotiate with insurance companies. For instance, insurance companies often try to minimize the amount they pay out in claims. They might argue that you were more at fault for the accident than you actually were or that your damages are not as extensive as you claim. An experienced attorney can counter these tactics, advocating for your rights and working to secure the full compensation you deserve. If your case goes to court, your attorney can represent you, presenting your case in the most compelling way possible. They can help you navigate the complex legal system, ensuring that your rights are protected every step of the way. If you have been involved in a car accident, call Gibson & Hughes today at (714) 406-0998 for a case evaluation.
