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What if injury victims are partly at fault for a car accident?

On Behalf of | Sep 6, 2023 | Car And Truck Accidents

Contrary to popular belief, those partially at fault for a car accident may still be eligible for economic compensation under California law. However, you must be careful to protect your right to fair restitution if you share any blame for the crash.

California follows the pure comparative negligence model, meaning those partly at fault for their own injuries can still recover compensation for their losses – but the award may ultimately be reduced. Keep reading to learn more about obtaining injury restitution if you contributed to a car accident.

The percentage of fault is a factor

Under the pure comparative negligence system, your financial recovery will be reduced by your percentage of fault. For example, if you are 20% to blame for an accident and it costs $10,000 to treat your injuries, you could still recover $8,000 in financial damages.

More fault can bar recovery

Say it is determined that you were more than half at fault for the accident. If this happens, you may not be eligible to recover compensation from the insurance companies. Most comparative negligence laws prohibit those who are more than 50% at fault from recovering financial damages.

Insurers typically determine fault percentages

You may think police officers are responsible for deciding who caused a vehicle accident. While their official reports play a role in this decision, insurance companies determine fault percentages. Since they have an interest in paying as little as possible, you may need someone to help you fight for your rights.

If your car or truck accident left you seriously injured, you will need every cent of the compensation you are due to recover from your injuries. Legal guidance may help to ensure you get what you deserve after a vehicle accident harms you or a loved one.