Many times, when a Los Angeles car accident occurs it is hard to determine exactly who is at fault. This is especially true if several cars were involved in the accident. A person injured in this type of accident may wonder if they will be able to be compensated for their injuries, even if it looks like they may have been partially at fault for the accident.
Under California's comparative negligence laws, even if a person has some fault for causing an accident, they can still recover some damages for personal injuries suffered in the accident. If you have been involved in an accident like this, you should speak with an experienced Calabasas personal injury attorney who can help you determine what compensation is available for your injuries.
What is Comparative Negligence?
When a person is injured in a Calabasas car accident, that person can bring a personal injury claim against the driver that caused the accident. In an ordinary accident where it is determined that one person is at fault for causing the accident, that person will pay 100% of the damages awarded to the person who was injured in the accident.
However, every car crash is not always this simple, and sometimes more than one party can be responsible for the accident and injuries, including the party that was injured. This is where comparative negligence rules come into play.
Comparative negligence, also called comparative fault, is a legal term that, put simply, means more than one party is at fault or responsible for causing injuries. Under this rule, when an accident is caused by two or more people, or if the injured person is partially at fault for the accident, the Court will take that into account when awarding damages. In cases like these, the Court tries to determine what “percentage” of fault each party has.
For example, one driver maybe 70% at fault for causing an accident, and the injured driver 30% at fault for the accident. In this situation, the injured driver would be able to recover 70% of the damages awarded and then would have to take responsibility for the other 30% themselves. They could not recover the entire 100% in damages, because they contributed to the accident. If multiple cars were involved, the Court will simply try to determine what percentage each vehicle was at fault.
Get Help with Your Personal Injury Claim
As you can see, things can get a little tricky when it comes to compensation if there is not a clear person at fault in a car accident. However, this does not mean you should not look into compensation for your injuries if you have been involved in a Los Angeles car accident, even if you may have been partially at fault. Based on the facts, it is possible that there is some compensation available, which is why you should get in contact with a skilled Calabasas personal injury attorney right away who can help you navigate the personal injury claim process and understand how the comparative negligence laws could impact your case.
At Walch Law we have years of experience handling car accident cases of every type in Los Angeles and the surrounding counties. If you have been injured, reach out to us today for a free case consultation at 1-844-999-LEGAL