If you were in a car accident that was not your fault, you may be able to recover compensation by filing a personal injury case against the other driver. By suing the other driver, you may be awarded damages to cover medical bills, vehicle repair costs, lost wages, funeral expenses and other forms of monetary losses. A crucial step in a personal injury case is determining fault.
Fault refers to each party’s responsibility to reasonably prevent car accidents and determines who is liable for damages. California follows a pure comparative negligence system, which means that each party’s percentage of fault could influence the amount of compensation awarded to an injury victim.
Understanding pure comparative negligence
Pure comparative negligence means that a victim of a car accident could recover compensation even if they are 99% at fault for a collision. However, compensation may be reduced depending on the percentage of fault. For example, if a victim was 20% at fault for a car accident, then they could recover the remaining 80% in damages.
Because of comparative negligence laws, it is important for a victim to prove that the other party was more at fault for a car accident. There are a few ways that fault is determined. A police report, for instance, should include information about a car accident, such as the parties involved, the time and place of the accident and how the accident may have occurred. A video recording of the accident could also show what happened before an accident that may have led to the event, such as a driver using their phone or running a red light.
Professional legal guidance can help victims of car accidents recover maximum compensation for their injuries and losses, regardless of fault distribution. Seeking support in this way can help victims to know what they can expect in terms of any compensation they may be awarded as a result of their harm.