Any accident is unfortunate, but if you were hurt and sustained losses in an accident in Stockton because of another driver’s carelessness, you should seek compensation. Firstly, you must understand that California is a fault state. If a driver causes an accident because of recklessness or negligence, they are accountable for the losses that others endure, including pedestrians, passengers, and other drivers. However, the process of filing an injury claim and recovering a settlement can be overwhelming, to say the least. You need to find a car accident lawyer who can be your trusted guide and will fight for your rights.
In that context, you may hear about the comparative negligence rule, and this blog delves deep into the same with detailed examples.
California follows the “Pure Comparative Negligence” rule
What does that mean? In many situations, more than one driver is liable for an accident. In such cases where there is a shared fault, the fault percentage of each determines what they recover. The good news is one party can sue the other even when they are primarily accountable for an accident. The rule contrasts with the “Modified Comparative Negligence” rule followed by many states, where a party more than 50% at fault is barred from suing the other.
Examples that explain pure comparative negligence rule
- When the other party is entirely liable: Take a situation when the other driver is 100% responsible for a car accident. They would now be accountable for 100% of your damages and losses. When there is absolute clarity about fault, there is little room for conflict.
- When you are partly liable: Let’s say that the accident was partly your fault. For example, if you were speeding but a drunk driver crashes into your vehicle, they are still liable. If your fault percentage is 30% and you recover $30,000 in damages, you can only recover $21,000. What you lost is because of your contribution to the accident.
- When multiple parties are liable: Accidents involving three or more vehicles are more complicated. In such cases, a detailed investigation is required to assign fault percentage for each. Let’s say that one driver shares 50% of the blame, the second has a fault share of 30%, and your fault share is 20%. Thanks to California’s pure comparative fault rule, parties can still sue for compensation. If your estimated damages are $20,000, you will now get $16,000, which will be recovered from other two parties based on their fault percentage.
You need an attorney
Car accident cases are not merely complex to investigate, but there are many variables to consider. Hiring an injury lawyer specializing in auto accident claims is critical. You must understand that insurance companies don’t play a fair game with claimants. In fact, they do everything possible to bring down the final amount. With an attorney, you can expect the following –
- Thorough investigation of your claim
- A detailed investigation of the accident
- Recovery of evidence from different sources
- Talking to witnesses
- Contacting expert witnesses & accident reconstruction experts
- Negotiating with other parties and insurance companies
- Filing a lawsuit in court
Experience lawyers try to recover the maximum compensation, and the good part is you don’t pay a fixed or upfront fee. Car accident lawyers in Stockton work on contingency, which means they get a share of the final settlement. Your lawyer will ensure you don’t have to worry about the claims process or paperwork, and if the insurance offer is unlikely to cover your losses, they will take the matter to court.
Do your homework when you look for accident lawyers, for which you can also check online ratings and reviews.
