Two drivers can make a mistake that results in a crash. For example, when a tailgater crashed into the vehicle ahead because there was no time to stop after the lead driver slammed their brakes. Or when a speeding driver collides with another who was changing lanes without looking at their blind spot.
So, can you be compensated when involved in such an accident? Here is what to know:
Pure comparative negligence law
California has a pure comparative negligence law that assigns percentages of fault to the parties involved in an accident. This law is different from the one used in most states, which requires plaintiffs to be less than 50% at fault to be compensated (modified comparative negligence).
With California’s pure comparative negligence, you can be compensated even if you were 99% at fault – you can recover damages for the 1% that you were not at fault. If you were 90% at fault, you can claim damages for the 10% you were not at fault, and so forth.
The compensation you receive will be reduced to your percentage of fault. Using the 90% at-fault example, if you suffered $200,000 in damages, you will only receive $20,000 (the 10% of not being at fault).
If an accident involves more than two parties, the percentages of fault for each will be considered during compensation. The amount each receives will be reduced to their percentages of fault.
What should you do if you contributed to an accident?
You should not ignore fighting for your rights because you made a mistake that may have contributed to an accident. Get more information about your case to determine how you can be fairly compensated.