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 1-858-551-2090 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.