Can I Still Claim Compensation if I Was Partially at Fault for the Car Accident?
Two individuals trying to navigate the aftermath of a car crash in Los Angeles, California.
Understanding Comparative Fault in California
If you've been involved in a car accident in California, where you were partially at fault, you may wonder if you can still claim compensation for your injuries and damages. This situation can be complex, but it's important to understand that California follows a comparative fault system, which means you may still be entitled to compensation even if you were partially responsible for the accident. Let's explore this topic further to understand your rights and options after a car accident in Los Angeles.
California follows a comparative fault rule, specifically a "pure comparative negligence" system. This means that even if you were partially at fault for an accident, you can still recover damages, but the amount you receive will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20% and you would receive 80% of your losses.
Factors Considered in Determining Fault
When assessing fault in a car accident case in Los Angeles, several factors are considered, including:
Traffic Laws: Violations of traffic laws, such as speeding, running a red light, or failure to yield, can contribute to fault determination.
Evidence: Witness statements, police reports, photographs of the accident scene, and expert opinions play a crucial role in establishing fault.
Comparative Negligence: Each party's level of negligence or responsibility for the accident is assessed to determine the percentage of fault.
Claiming Compensation Despite Partial Fault
Even if you were partially at fault for the car accident, you can still pursue compensation for your damages, including:
Medical Expenses: Costs related to hospitalization, surgeries, medications, therapy, and ongoing medical care.
Lost Income: Compensation for wages lost due to missed work during recovery.
Property Damage: Repair or replacement costs for your vehicle and other damaged property.
Pain and Suffering: Non-economic damages for human harms and losses such as physical pain, emotional distress, and impact on quality of life.
Importance of Legal Representation
Navigating a car accident claim involving partial fault requires skilled legal representation. Here's why:
Legal Expertise: A car accident attorney in Los Angeles understands the comparative fault system and can advocate for your rights effectively.
Negotiation Skills: Your lawyer will negotiate with insurance companies and the opposing party to maximize your compensation despite partial fault.
Evidence Presentation: An attorney will gather evidence, such as witness statements and expert testimonies, to support your claim and mitigate your level of fault.
Seek Legal Guidance for Your Car Accident Claim
In conclusion, if you were partially at fault for a car accident in Los Angeles, you can still claim compensation under California's comparative fault system. Contact Crowley Law PC your experienced Los Angeles car accident lawyer to assess your case, understand your legal rights, and pursue the compensation you deserve. Don't let partial fault discourage you from seeking the financial recovery you deserve after an accident.
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Crowley Law PC
