Who’s at Fault for an Accident? FAQ Answered by California Accident Attorney

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When you get involved in an accident and you want to claim insurance for damages on personal injury, you want to avoid having to go to court for litigation. For this, you may consider making your case with an insurance company instead of going to court. If you can present a good and credible argument for why it was the other person’s fault, the insurance company may realize that there is a chance that the insured person will be legally found responsible by the court. Generally, insurance companies would rather pay a reasonable settlement claim sooner than have to face the risk of a personal injury lawsuit in a civil court. If you can’t settle with the insurance company, hire a California accident attorney.

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What if the accident was partly your fault?

What happens if you were partly responsible for the accident? Even if this were the case, you can still obtain damages from another person who is partly at fault because of negligence. An accident lawyer from California can determine the amount of the other person’s responsibility by comparing their carelessness with yours. For instance, the lawyer determined that you were only 35% responsible and the other person was 65% responsible. In this case, the other person should pay 65% as compensation for the injuries you sustained. In law, we call this rule “comparative negligence.”

What if you have an injury that increased the likelihood of the accident?

There can also be a case where you have an injury that caused the likelihood of the accident to increase like poor vision or an injured knee. How would you consider falling down on a broken stair? Are you still entitled to get compensation even if someone who had perfect eyesight or someone stronger wouldn’t have fallen? Absolutely. Remember that everyone, despite physical health or ability, has a legal right to live in this world without unnecessary risk. Owners or occupants of a property should not put anything that can cause unnecessary risk to any person. This also applies to everyone else. Nobody should create unnecessary danger for any person they come across.

What if you’re found negligent?

An accident lawyer in California may describe you as negligent if you have a responsibility to act carefully but you fail to do so. For instance, wearing sunglasses at night while driving is already considered negligent because you know that this would increase the chances of an accident happening. For most kinds of accidents, the court should find you negligent before you can be legally held responsible for the injuries of another person. When the negligent behavior of people causes harm to others, the latter would most likely obtain compensation for their injuries.

Take action and contact a California accident attorney

To get a better settlement for your injuries, especially when the accident wasn’t your fault, we at Belal Hamideh Law will help you out. We will handle the hassle that goes with the claim so you get the money that you deserve. Call us at (562) 256-1224. Our lawyers know all about injuries and insurance claims. We will work for you to obtain the maximum compensation from your accident.

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