Car accidents can be traumatic, especially if you sustain serious injuries, have expensive medical bills and are facing lengthy recovery periods. Most people know that they have the right to seek personal injury compensation if the accident was not their fault. However, a victim who is at least partially at blame for an accident can be reluctant to seek legal respite.
The reason for this is the fear that partial responsibility can prohibit the right to compensation. The truth is that you can still receive compensation even when you are partially at fault. As such, you should never hesitate to contact a personal injury attorney if you are injured in an automobile accident.
Understanding Comparative Negligence
Comparative negligence provides a way for you and the other motorist to share damage costs from an accident in proportion to the share of negligence. In many states, it replaced contributory negligence law, whereby you could not recover your loss if you got injured in an accident where you were partly negligent.
The comparative negligence laws in California enable you to pursue respite for medical bills, property damage, and lost wages if you are unable to work as well as pain and emotional suffering.
A successful comparative fault case will depend on two things. These are comprehension of the comparative negligence concept and representation by a competent personal injury lawyer. California laws are advantageous since they allow you to pursue financial damages regardless of how much at fault you were.
In many states, you cannot collect damages if you are found to be more at fault. The fault percentage is determined by a judge or jury, where the financial recovery is reduced accordingly. Insurance adjusters also use comparative fault findings to determine the value of a claim.
Example Of Comparative Fault
An example of comparative fault is a case where a sleeping driver hits a vehicle whose driver was on the phone at the time. The court may determine that the drowsy driver was 80% at fault and the other driver 20% at fault. If the damages in the case totaled $10,000, the driver who was on the phone would get $8,000, and the sleeping driver would receive $2,000 in compensation.
Course Of Action
These cases can be very challenging, particularly when it comes to determining the degree of each party’s negligence. For this reason, if you are a San Jose resident, it is crucial to have experienced San Jose personal injury attorneys as provided by Farling, Hecht & Davis, and LLP.
Certain situational aspects are taken into account during the trial. These factors include the police report, photographic evidence of the scene and vehicles involved, your testimony, witness testimonies, camera footage, cell phone records and medical records. Collecting as much evidence as possible concerning the accident is very important for the case. San Jose lawyers will assist in the collection of some of the information.
Contact a San Jose Personal Injury Lawyer Today
In California and many other states, partial responsibility for an accident does not mean that you cannot receive the compensation you deserve. Although this law applies mostly to automobile accidents, it may also apply to accidents involving a business or home. If you or a loved one has been injured in an accident, contact The Law Office of Farling, Hecht, and Davis LLP. Our team of skilled attorneys is on call to help. Visit our website to schedule a free consultation of your legal rights.