What If I Am Partially at Fault for an Automobile Accident?.

In a lot of car accidents, it’s unclear which driver is at fault or negligent. Many state laws do not allow you to recover any money if you are even one percent at fault for a car accident. In California, our San Diego auto accident attorneys know that you can still receive auto accident settlement money if you are partially at fault thanks to what is referred to as comparative negligence.

Instead of barring you from recovering money, comparative negligence reduces your recovery proportionately to your degree (percentage) of fault, which in this case is an automobile accident. Here are two basic scenarios to better explain exactly how comparative negligence works:

1. One Party Is Completely at Fault for an Auto Accident

Let’s say that John and Mary get into a car accident. Just before the accident, John runs a stop sign, and the authorities hold him 100 percent at fault for the accident. John (and his auto insurance company) is thus responsible for 100 percent of Mary’s damages as well as money she should receive.

Comparative negligence does not apply to this auto accident scenario.

2. More than One Party Is at Fault for an Auto Accident

Once again, John and Mary are involved in an auto accident. John runs a stop sign, but this time Mary was also speeding. Now, John is 80 percent at fault and Mary is 20 percent at fault for the accident. Mary can only recover 80 percent of the money to which she is entitled.

If California did not follow the comparative negligence doctrine, Mary would not be permitted to receive any auto accident settlement money.

Call Us Now to Maximize Your Auto Accident Settlement

If the unfortunate happens and you do get into a car accident, the best thing you can do for yourself is to seek legal representation quickly. Even if your accident was partially your fault, you can still recover settlement money for your injuries. Experienced auto accident lawyers, like the ones at our San Diego law firm, can help you understand legal terms (like comparative negligence) while also ensuring that you avoid costly mistakes when dealing with insurance companies.

With only one settlement for personal injury, don’t you think you should do everything in your power to maximize your auto accident settlement?

If you were injured in an auto accident that wasn’t your fault and believe that you deserve compensation, then call our bilingual law offices right away at 1-800-655-6585 or click here for a FREE consultation with an experienced auto accident attorney in San Diego and find out how we can help you. There is no cost for your initial consultation, and there are no fees until we recover a fair auto accident settlement.

We look forward to providing good advice so you can make good decisions regarding your case.

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[caption id="attachment_21715" align="alignleft" width="300" caption="Photo Credit: The San Diego Union Tribune"][/caption] Last week, we reported on a car accident in San Diego that resulted out of alleged teen street racing. In new developments, the 18-year-old driver charged with the death of the two teenagers involved in the street racing has pleaded not guilty to vehicular manslaughter among four other charges according to reports at the San Diego Union Tribune. The news follows the earlier arrest of another 16-year-old driver that was taken into custody on similar charges. Just shortly after his arraignment, Michael Johnson, the 18-year-old driver of a Volvo S40, said, according to his attorney, that he is not the responsible party in the tragic San Diego accident fatalities that occurred April 4. Accident reports indicate that Johnson was returning from a spring break beach party in La Jolla when he was allegedly involved in a street racing contest with another teen driver – the unidentified 16-year-old driver of a Volkswagen Passat whose name has not been released since he is a minor. According to Deputy District Attorney Kristen Spieler, the two vehicles were zigzagging across lanes at speeds reaching up to a staggering 100 m.p.h. The 16-year-old driver in the Passat lost control over the vehicle, causing the car to flip over several times across multiple lanes of the road. Two passengers, Anthony Foreman, 18, and Jayli Campbell, 16, were thrown from the Passat and died at the scene of the accident. Two passengers survived the crash. Charlotte McQuillen, survived the accident although she suffered serious injury as a result of the collision including reports that say the teen will have to recover from traumatic brain injury. Anthoney Taylor, 16, also survived the crash although his injuries are unclear at this time. Johnson did not flee the scene of the accident according to police reports and cooperated with authorities once officers assessed the scene of the collision. The teen has no prior criminal record, although authorities say his vehicle was found containing a small amount of marijuana. Johnson is being charged with intoxicated driving, although his lawyer says there were no field sobriety tests to confirm the teen’s alleged intoxication. Teen driving: reminders for concerned parents Last week, we blogged on actions parents can take to prevent teen car accidents. Tips include:

Sign a parent-teen contract. Download your free contract now.
Enforcing the rules. Every teen driver needs to know that rules are there for a purpose, and when they are broken, consequences will follow.
Have a DUI backup plan. As most parents can attest, there are many instances when teen drivers run into problems that supersede their know-how and maturity. Drinking is one of those problems. In cases of emergency, your teen should have an open-door policy where they feel safe to call you when they need help – such in the case of drunk driving or driving while intoxicated.

About the Law Offices of Michael Pines, APC The Law Offices of Michael Pines, APC are specialists in car accident injury. Every personal injury attorney in our San Diego office works hard to seek maximum recovery for every injured client. Your case is handled without any out-of-pocket costs, so do not hesitate to speak to a San Diego personal injury lawyer today for a free legal evaluation. Call us at 1-800-655-6585.