Accidents happen, and often, they’re not entirely one person’s fault. If you’ve been injured in an accident where you share some responsibility, you might wonder how it affects your right to compensation. This is where understanding California’s comparative negligence law becomes crucial. A knowledgeable personal injury lawyer can help you navigate this complex area of law and ensure you receive a fair outcome.
Comparative Negligence: A Fairer Approach
California follows a “pure comparative negligence” rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your percentage of fault. For instance, if you were found 20% at fault, your compensation would be reduced by 20%.
To illustrate further, consider these examples:
- A pedestrian crosses the street against a red light and is hit by a driver speeding through the intersection. The pedestrian might be found 70% at fault, while the driver is 30% responsible.
- A homeowner fails to repair a broken step on their porch. A visitor trips and falls, but they were also texting and not looking where they were going. The homeowner might be 60% liable, while the visitor shares 40% of the fault.
These examples demonstrate how comparative negligence apportions fault based on the specific circumstances of each case.
In complex cases, expert witnesses may be called upon to provide specialized knowledge and analysis. For example, accident reconstruction experts can use scientific methods to determine the sequence of events and identify contributing factors. Medical experts can assess the extent of injuries and their long-term impact. These expert opinions can significantly influence how fault is apportioned.
Why You Need an Accident Attorney
Determining fault and apportioning responsibility can be a complex process. Insurance companies often try to shift blame to the injured party to minimize their payouts. This is where an experienced accident attorney like Belal Hamideh becomes invaluable.
It’s important to remember that shared fault accidents are quite common. According to the National Highway Traffic Safety Administration (NHTSA), approximately 40% of car accidents involve some degree of shared responsibility. This highlights the importance of understanding comparative negligence and seeking legal representation to protect your rights.
Here’s how a skilled attorney can help:
- Thorough Investigation: An attorney will conduct a comprehensive investigation to gather evidence, interview witnesses, and reconstruct the accident to accurately determine fault.
- Negotiation with Insurance Companies: Insurance adjusters are skilled negotiators. An attorney will level the playing field and advocate for your best interests, ensuring you’re not pressured into accepting a lowball settlement.
- Litigation: If necessary, your attorney will take your case to court and present a compelling argument to a jury to secure the maximum compensation you deserve.
Comparative Negligence and California Law
California Civil Code Section 1431.2 provides the legal framework for comparative negligence in the state. It states that the liability of each defendant shall be in direct proportion to their percentage of fault.
Don’t Underestimate the Value of Legal Expertise
Even if you believe you were partially at fault, don’t assume you have no recourse. An experienced personal injury lawyer can help you understand your rights under California’s comparative negligence law and fight for the compensation you deserve.
Contact Belal Hamideh Today
If you’ve been injured in an accident, don’t hesitate to contact Belal Hamideh for a free consultation. He can help you understand your rights under California’s comparative negligence system and fight for the compensation you deserve. With his extensive experience and dedication to client advocacy, Belal Hamideh is the accident attorney you need on your side.