Can I Collect Damages If I Share Some Fault in an Accident?

Accidents often involve more than one contributing factor, and it’s not uncommon for multiple parties to share responsibility. If you were partially responsible for an accident, that does not automatically prevent you from recovering compensation. A personal injury attorney in Victorville, CA, can ensure you have all the information you need to confidently move forward with your case. 

Under California’s pure comparative negligence system, you can recover damages even if you are found to be 99 percent at fault for the accident. The amount you recover will be reduced based on your percentage of responsibility. For example, if your total damages equal $100,000, and you are determined to be 40 percent at fault, your compensation would be reduced by 40 percent, resulting in a $60,000 recovery. This approach allows for a fair distribution of financial responsibility based on each party’s role in the incident.

We analyze how the comparative negligence rule applies to your case and help you develop evidence to minimize the share of fault attributed to you. Insurance companies and defense attorneys often try to shift blame to reduce their financial liability, so you need to be prepared with a strong case. An experienced attorney can ensure that you present a strong case to receive the settlement you need. 

Evidence and Fault Allocation

In any personal injury case involving shared fault, the allocation of responsibility is a major point of contention. Insurance adjusters, judges, and juries look at evidence such as witness statements, photographs, medical reports, police findings, and expert opinions to determine fault. We work with you to gather documentation that supports your version of events and establishes the other party’s role in causing the accident.

In many personal injury cases, more than one person is likely to be at fault. For example, in a car accident, one driver may have been speeding while the other failed to yield. Each action is considered when assigning fault percentages. Even if your actions played a role, we focus on proving that the other party had a greater impact on the outcome and should bear more responsibility for the damages.

Legal Strategy and Negotiations

When we handle a case involving shared fault, we make sure that any agreement reflects a fair assessment of the facts. If negotiations do not result in a satisfactory outcome, we are fully prepared to present your case in court. In California, jurors are instructed to weigh each party’s actions and assign fault accordingly. Our goal is to ensure your responsibility is not overstated and that your right to compensation is preserved.

In California, sharing fault in an accident does not prevent you from collecting damages. Even if you were partly to blame, you still have the right to pursue compensation for your injuries and losses. Schedule a consultation with us today at the Law Offices of Vondra & Hanna in Victorville, CA, to present a strong case to secure the recovery you are entitled to under state law.

Tags: injury lawyer victorville, personal injury lawyer victorville, personal injury victorville
Posted in Personal Injury | No Comments »