When you are injured due to someone else’s negligence, the last thing you need is the at-fault party blaming you for the accident. Yet, this happens in many personal injury cases. In fact, it is common for defendants and insurers to blame injury victims.
Understanding how contributory fault works and why it could affect your overall recovery is the first step. Keep reading to learn more about contributory fault, how it can affect your case, and how an attorney can protect your rights.
What Is Contributory Fault?
Contributory fault refers to a legal concept where an injured party is alleged to have contributed to the cause of their own injury. States have varying rules on what this situation can mean for a personal injury case. This is why it’s important to consult an attorney in your state if you have questions.
In strict contributory negligence states, victims who share any fault can be barred from recovery. This rule is rare, as many states use either a pure or modified comparative negligence system.
Under California’s pure comparative negligence system, you can typically still recover damages even if you are partially at fault. However, your compensation will likely be reduced proportionally to your percentage of fault.
For instance, say a jury finds that you were 20% responsible for a car accident, and your total damages equal $100,000. In that example, your overall recovery could be reduced by 20%. This would leave you with up to $80,000 in damages.
Why Defendants and Insurance Companies Attempt to Shift Blame
Insurance companies and defendants have a financial incentive to shift blame. One common tactic to reduce payouts is to assert that the victim contributed to the accident.
These strategies may include:
- Claiming that you were distracted or inattentive. This allegation may be levied even if the other party’s negligence was the primary cause.
- Arguing that your actions somehow provoked or exacerbated the accident.
- Highlighting minor mistakes or perceived errors in judgment. For instance, failing to wear a seatbelt or not looking both ways.
By reassigning blame to you, the defendant hopes to reduce your compensation award. In some cases, defendants hope to escape paying entirely.
Recognizing these tactics is critical. Defendants and insurance companies will often exaggerate a victim’s responsibility. Your attorney’s job will be to show that these exaggerations are not supported by the evidence.
How to Prove Liability in a Personal Injury Case
Proving liability is the core of any personal injury claim. In California, you generally must demonstrate that the defendant was negligent.
This involves:
- Documenting the accident. Evidence such as photos, witness statements, and police reports can establish how the accident occurred.
- Establishing negligence. Your attorney will show that the defendant failed to exercise reasonable care. For example, running a red light, spending, or failing to maintain safe premises may be a breach of duty.
- Demonstrating causation and damages. You must link the defendant’s actions to your injuries and quantify your losses.
Your attorney will gather evidence to prove your limited or non-existent role in causing the accident. They’ll develop arguments showing you have little, if any, responsibility for an accident.
How a Personal Injury Attorney Can Defend Against Blame-Shifting
It can be frustrating when the other side inaccurately blames you for your own accident.
A personal injury attorney can help defend against blame-shifting tactics by:
- Investigating the accident thoroughly. Attorneys can reconstruct the scene, consult expert witnesses, analyze evidence, and challenge inaccurate claims of contributory fault.
- Countering misleading arguments. Your lawyer can dispute exaggerated claims of fault. Your attorney can do this by providing documentation that supports your version of events.
- Negotiating effectively with insurers. With an attorney advocating for you, insurance companies are less likely to pressure you into accepting a reduced settlement.
- Representing you at trial if necessary. Your attorney can present evidence and legal arguments to ensure the jury considers your minimal or no fault in the accident.
When you are facing the aftermath of an accident, you need a team that understands the tactics defendants use to shift blame. You need a dedicated lawyer who will protect your rights and defend you from unfair reductions in compensation.
Contact Our San Diego Personal Injury Attorneys at Pines Salomon Personal Injury Lawyers for a Free Consultation
If you’ve been injured in an accident in California, it is critical to seek legal representation early. The sooner an attorney can begin gathering evidence and constructing your case, the stronger your position will be. This is particularly true if the defendant raises the issue of contributory fault.
Contact Pines Salomon Personal Injury Lawyers if you need assistance with a personal injury claim. We will help you navigate the complexities of California law and defend against blame-shifting tactics. Call our San Diego personal injury attorneys for a free consultation.
