Can Comparative Fault Affect Your Car Accident Case?

Oct 10,2017

If you are involved in an accident in California, it’s important to understand the state’s comparative fault rule. In California, comparative fault laws allow you to recover compensation from any other at-fault party involved in the accident. This applies even if you are partly at fault. However, the compensation you recover will be reduced by your percentage of fault.

For instance, let’s assume your total damages are $10,000. If your car accident goes to trial and you are found to be 20% at fault for the accident, you are entitled to recover $8,000 from the at-fault driver.

Of course, not every car accident claim will go to trial. In fact, most are settled outside the courtroom. Insurance companies are of course aware of California’s comparative fault rules, so if they believe you are partly at fault for the accident, they are very likely to take that into account when determining their settlement offer.

Should You Accept a Settlement?

Your attorney will help you decide whether to accept a settlement offer. If you cannot agree with the insurance company on what percentage of fault you share, the case will then have to be handled in court.

“If you have been injured in an accident, it is important to consult with an experienced personal injury attorney who understands California’s comparative fault rules,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.