The short answer is yes, you can seek compensation if you were partially at fault in a car accident. In California, this is because of a rule called “pure comparative negligence.”
Pure comparative negligence means that you can sue for damages regardless of the degree to which you were at fault for an accident. However, your degree of fault will be deducted from the calculated settlement amount that would otherwise be owed to you. For example, if you were found to be 30% at fault for an accident, you would be eligible to recover 70% of the total damages.
Steps for Seeking a Settlement if You Were Partially at Fault for a Car Accident
- If you still need to do so, report the accident to the proper authorities. If you did not call the police at the accident scene, go to the nearest police station and file a report as soon as possible.
- Hire an experienced car accident attorney. This is crucial to ensure you recover the maximum settlement possible for damages, regardless of fault.
- Could you inform your insurance company so they can begin the claims process? Your attorney will help you initiate a claim and obtain a copy of the police report.
- Collect evidence to help prove fault and damages. Your attorney will help you obtain a police report, witness statements, and medical records of treatment you received because of the accident.
- Contact the insurance company of the other involved party(ies) and, if applicable, file a claim with the at-fault party’s insurance company to seek compensation for damages and injuries.
- Negotiate a settlement. Typically, a car accident settlement will cover medical expenses, lost wages and future earnings, property damage, and non-economic damages such as pain and suffering. Your car accident attorney will handle negotiations to position you for the best possible outcome.
Case Study: Pure Comparative Negligence Settlement
Jane was driving to work when she collided at a busy intersection with another vehicle. She had been slightly distracted by the check engine light blinking on her dash when another driver, Tom, ran a red light and struck her vehicle. The police report stated that both drivers were equally at fault. Jane suffered minor injuries, and her car was significantly damaged. Despite being 50% at fault, Jane hired an experienced car accident attorney and pursued compensation for her medical expenses, lost wages, and pain and suffering. Her attorney filed claims with her insurance company and Tom’s insurer. After gathering all available evidence, including video surveillance footage from a nearby building, Jane’s attorney helped her settle. Her total damages were approximately $40,000. Due to California’s pure comparative negligence rule, Jane received 50% of the damages, amounting to a $20,000 settlement. This compensation covered her legal fees, medical bills, and a sizable portion of her other damages. Despite her shared responsibility for the accident, the outcome was far better than if Jane had not pursued a settlement.
Skilled and Affordable Legal Help is Available
The team of respected and skilled car accident attorneys at Eason & Tambornini brings over 100 years of legal experience to our work. We fight for maximum, fair compensation for injuries and losses for every client we serve.
FREE Consultation and NO Upfront Legal Fees
Our car accident attorneys offer a free, no-risk consultation to discuss the facts of your case. Also, we do accept cases on a contingency basis. You pay nothing until we win a settlement, ensuring your peace of mind.
You can schedule a free consultation today by calling one of our auto accident attorneys in Sacramento at 916-438-1819.
