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California isn’t unique in being an at-fault state. It is, however, one of only a few states that operates on a pure understanding of comparative negligence. Policies related to fault and comparative negligence can impact your right to recover, but as a victim, they tend to work in your favor.

Let’s break down California’s at-fault policies to determine how they might come into play if you decide to pursue compensation for your losses in civil court. If you have additional questions, you can connect with California’s personal injury attorneys through Kash Legal to schedule a free auto accident case evaluation.

At-Fault Accidents in California

What does “at-fault” mean? California law uses the term “at-fault” to state that car accidents stem from a particular party’s negligence. While the state can divide that negligence between multiple parties, someone must assume responsibility for a crash. In other words, drivers can’t rely on their own insurance to support their recovery but instead must rely on one another.

For example, if you get into an accident with another privately owned vehicle, you can work with the other party involved to exchange insurance information. Insurance companies can then send their insurance claims adjusters to assess the negligence that led to your crash.

You may then receive a settlement based on the value of your losses so long as the other party involved in your crash bears more fault for the collision than you.

You Need Evidence to Assign Blame for Your Losses

Fault plays a role in more than insurance claims, though. If you want to bring a personal injury claim against the party responsible for your most recent car accident, you have an obligation to prove that they bear the fault for your losses. That effort can help you secure a more comprehensive accident settlement than you might from an insurance provider.

Whether you’re filing an insurance claim or a personal injury claim, you need evidence to prove that your accident stemmed from someone else’s negligence. Personal injury lawyers in California can help you gather the data needed to prove that someone else bears the bulk of the blame for your crash. This evidence can include the following:

  • Electronic evidence
  • Photos from the accident scene
  • Video footage of the accident
  • Bystander testimony
  • Expert witness statements

Remember, even if you’re partially at fault for an accident, you can still recover loss-based damages. You can work with an attorney to determine how the distribution of fault following your accident might impact your recovery.

California’s Pure Comparative Negligence Policies

California doesn’t just employ an at-fault accident standard. The state’s pure comparative negligence laws ensure that anyone can recover damages after an accident. So long as the party filing for support isn’t 100 percent liable for the crash, they can request a settlement based on their losses.

However, pure comparative negligence doesn’t give all parties complete support after an accident. The state’s understanding of pure comparative negligence reduces the settlement a person receives by the percentage of fault they contributed to the car accident in question.

For example, say you want to file a personal injury claim after a car accident, but an investigation reveals that you’re responsible for 10 percent of the accident. If you’re set to receive $100,000 in damages, the court can reduce your settlement to $90,000 based on the percentage of fault you contributed to your accident.

When to Contact a Personal Injury Lawyer

California’s at-fault and pure comparative negligence policies aren’t the easiest to break down, particularly not if you’re contending with the immediate stress following a car accident. You can call on a personal injury lawyer to break these concepts down to determine how they might impact your pursuit of loss-based damages.

An initial conversation with a personal injury lawyer does not commit you to legal action. You can schedule a free consultation with our team and walk away without filing a claim. We’re here to help you determine how you can most effectively recover from your losses, no matter how you choose to move forward with that information.

Let’s Break Down California’s Fault Policies Together

In the weeks and months after an accident, you have the right to break down the role fault played in your recent accident. If you can assign fault for your auto accident, you can demand that a liable party fund your recovery. California’s at-fault standard and pure comparative negligence policies share that even if you bore some of the fault for your own accident, you can still recover.

You can collaborate with a knowledgeable personal injury attorney in California to discuss the process of assigning blame for your auto accident. We can work out how State policies might impact your fight for compensation and ensure that you can maximize your recovery. Call (888) 527-4128 or contact us online today to book a free case evaluation.

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