Can You Still Get Compensation If You Were Partially at Fault in a Car Accident?
If you were involved in a car accident, you can still receive compensation even if you were partially at fault. This is because California follows a rule called pure comparative negligence. Under this rule, fault can be shared amongst multiple parties in an accident. If the victim shares in the fault, they can be awarded compensation, but it will be reduced by their percentage of fault.
For example, if the victim was going slightly above the speed limit, and the party that is primarily responsible for the accident was speeding aggressively and ran a red light, the victim might be considered slightly at fault. If they’re determined to be 10% at fault, any compensation they’re awarded through settlement or at verdict after a trial will be reduced by 10%.
Shared fault in accident cases can make things complicated. Hiring an experienced car accident attorney in Roseville will ensure that you get a fair award that accurately reflects fault in your case.
Important Evidence in Shared Fault Cases
In shared fault situations, strong documentation is especially important to clearly show what happened so you aren’t unfairly blamed.
Police Reports
Police officers often respond to accident scenes and create official reports. These documents may include details about how the accident happened, observations on weather or road conditions, preliminary liability assessments, traffic law violations, and citations. These reports aren’t necessarily conclusive or the final word on who is responsible, but they can be an important piece of evidence considered when making fault determinations.
Witness Statements
Witness accounts after a collision can provide information about how the accident occurred. These are especially helpful if they corroborate your version of events, and they are objective, meaning they aren’t a friend or family member of yours.
Dashcam Footage
Dashcam footage can provide a clear picture of what happened before, during, and after the accident. These videos have date and time stamps, making them accurate and reliable pieces of evidence.
Surveillance Video
Security cameras from nearby businesses, homes, or city intersections may also capture the accident. They can capture key moments of the accident and provide an overview of what happened.
Vehicle Damage
Photos and expert analysis of vehicle damage can help reconstruct how and where cars collided, the speeds involved, the areas of impact, and the direction of force. This information can be valuable in determining who really caused the accident.
Black Box Data
Many recent model vehicles come with data recorders, also known as “black boxes,” that track details seconds before and during the crash. This might include speed, braking, steering angle, and seatbelt use. This information can shed light on the driver’s actions leading up to the crash.
Accident Reconstruction Analysis
Accident reconstruction experts can analyze all physical evidence and apply physics, engineering, and traffic rules to provide a professional opinion on how the crash occurred.
If you’ve been involved in an accident and you believe that you’re even partially at fault, you should speak with a car accident lawyer right away. They can help you by investigating the incident and speaking with the insurance company to try to keep as much of the blame off you as possible. Call our team today to schedule your free consultation.