If you find yourself in a situation where you are partially at fault for an accident, there are a few steps you should take to prioritize your health, protect your rights, and ensure you receive fair compensation. After any accident you should:
- Seek medical attention. Regardless of fault, it is crucial to prioritize your health and wellbeing. Make sure you seek medical attention as soon as possible after the accident. This will not only ensure you receive the necessary treatment, but will also create a record of your injuries, which is important when seeking compensation.
- Gather evidence. Collect as much evidence as possible to support your case. Take photos of the accident scene, the vehicles involved, and any visible injuries. Obtain copies of the police report and any witness statements. This evidence can help establish the facts and potentially reduce your level of fault.
- Understand California’s comparative negligence laws. In California, the comparative negligence law follows a system known as “pure comparative negligence.” This means that even if you are partially at fault for an accident, you may still be able to recover damages for your injuries or losses.
- Consult an attorney at The Barnes Firm. An experienced motor vehicle accident attorney at The Barnes Firm can guide you through the legal process. We will review your case, analyze the evidence, and provide you with expert advice on the best course of action. An attorney will also negotiate with insurance companies on your behalf to ensure you receive fair compensation, regardless of your degree of liability in the accident.
In the event that you are partially at fault for an automobile accident, it is important to understand comparative negligence laws and how they may impact your case. In the state of California, the comparative negligence law follows a “pure comparative negligence” system. This means that even if you are found to be 99% at fault for the accident, you may still be eligible to recover 1% of the compensation.
It is important to note that these states follow a “pure” system, which allows for recovery regardless of the degree of fault. This is different from other states that follow a “modified” comparative negligence system, where you may only be eligible for compensation if your percentage of fault is below a certain threshold, such as 50% or 51%.