Being involved in any car accident can be a traumatic experience. However, it can feel even more distressing and confusing if the collision was partially or fully your fault. You may be wondering if you can still make an injury or damage claim, even if you caused the accident.
The answer is, in many cases, yes. Here in California, comparative negligence laws mean that even if an accident was mostly your fault, you may still be able to recover compensation for your losses. The amount of compensation you will be able to recover depends on the percentage of your fault in the accident.
How Fault Works in California Auto Accident Cases
In motor vehicle accident cases, California uses a “pure comparative negligence” system for determining fault and compensation. This means that even if you were 99% at fault for an accident, you could still potentially retrieve 1% of your damages from the other driver’s insurance.
After an accident, each driver’s percentage of fault is investigated and assigned based on factors like:
- Traffic violations or reckless driving behaviors
- Level of intoxication if driving under the influence
- Distracted driving actions like texting or eating
- Failure to yield, observe signs/lights, or maintain control of the vehicle
- Speeding or other improper driving
Police reports, eyewitness accounts, video footage, and forensic evidence help determine each party’s role in the collision. Often, accidents are caused by multiple factors, and drivers share partial fault.
For example, if you were deemed 60% at fault for an accident and suffered $100,000 in damages, you could potentially recover $40,000 from the other driver’s insurance (they would be liable for their 40% fault). Your comparative negligence reduced your total compensation.
Steps to Take After an At-Fault Accident
Being involved in a car accident can be shocking and stressful, especially if you were deemed at fault. It’s important to follow the proper protocols to protect yourself both legally and financially.
Here are the key steps to take:
- Check for Injuries and Call for Help. Your first priority is to ensure medical care is provided to anyone injured. Call 911 immediately if there are serious injuries. Also request police presence to file an accident report.
- Gather Information. When able, collect information from the other driver(s) involved including their name, contact details, driver’s license number, insurance details, and license plate. Also, take photos of damage, skid marks, and the accident scene. Having documentation supports insurance claims.
- Report to Your Insurance Provider. Contact your insurer as soon as possible to inform them of the accident. Provide all details and documentation. This gets your claim initiation underway quickly. Be as helpful as possible with their investigation process.
- Avoid Discussing Fault. Do not discuss who was at fault or make admissions with anyone other than the police and your insurer. Speculating could complicate legal and insurance processes. Wait for the official accident report findings.
- Seek Medical Attention. Even if you feel fine initially, you may have underlying injuries. See a doctor promptly to get examined and address any issues needing treatment. Having medical records will help insurance claims.
Dealing with an at-fault accident is very difficult. Staying calm and following the proper post-accident protocols makes the situation easier to navigate. Speak to qualified legal counsel if you have any questions or concerns.
Pursuing an Injury Claim After an At-Fault Accident
In California, at-fault drivers must carry minimum liability insurance. This coverage pays for damages you cause to others. However, it does not compensate you for your own vehicle repairs or medical expenses.
To recover damages after an at-fault accident, you may need to file a personal injury claim or lawsuit against the other driver. An experienced car accident attorney can help prove the other motorist’s shared fault and secure compensation through their insurance policy.
Possible options include:
- Filing a Third-Party Claim – You can make a liability claim directly against the other driver’s insurance policy. If they accept partial fault, their insurer may offer a settlement.
- Negotiating a Settlement – Even without filing a claim, lawyers can negotiate compensation with the other driver’s insurance company.
- Pursuing a Lawsuit – If the insurer denies your claim, your lawyer can file a personal injury lawsuit proving you deserve compensation.
- Exploring Additional Coverage – Your personal injury attorney will check for other potential sources of compensation if damages exceed the at-fault driver’s policy limits. This includes your own UM/UIM coverage.
While recovering damages after an at-fault accident can be challenging, dedicated car accident attorneys can help maximize your compensation so you are not left footing the bills.
With an in-depth investigation of the crash, skilled negotiation tactics, and a willingness to take cases to court when needed, a good personal injury lawyer can build a strong claim for damages – even when clients share partial fault.
The goal is to secure the highest amount of compensation you are entitled to under California law. At Pasternack Injury Law Group in San Diego, they’re lawyers are committed advocates for at-fault drivers injured in collisions.
Their team has secured millions in compensation for car accident victims and can help you get started on your road to compensation with a FREE case review.
Visit their team online at https://pasternackinjurylaw.com/ to schedule a review of your case and discuss your options.
