You’re in an accident. You’re at fault, at least partially.
Can you still get compensation? The answer might be yes.
Our experienced San Bernardino car accident lawyers at LA Century Law explains damages for at-fault car accidents in California.
Can You Recover Damages if You Caused a Car Accident in California?
Yes, you can recover damages if you caused a car accident in California, if someone else is also at fault. In addition, you may collect from your own insurance through MedPay or collision coverage.
If you’re at fault for a car accident in California, the amount of compensation will be reduced. But you may still receive something if another party shares fault.
Car Accident Fault and Your Rights
If you’re in a car accident, and you might be at fault, here’s what you should know:
Damages require third-party fault. To recover damages for a car accident, someone other than you must be at fault for the accident.
Fault can be surprising. Someone other than a vehicle driver may be at fault for an accident. Make sure you fully investigate your case.
Other insurance. You may have insurance that isn’t fault-based, like MedPay and collision. These types of insurance are optional in California, so you may not have them.
Fault is objective. You’re not at fault just because the insurance company accuses you. Don’t take their word for it without talking to an attorney.
An attorney can help. An experienced attorney can help you investigate, evaluate your case, and pursue your compensation.
How is Fault Determined in a California Car Accident?
Fault for a California car accident is based on one question: negligence. Negligence is a legal term that means not being careful enough. If someone wasn’t careful enough and their actions caused a car accident, they’re at fault for the accident.
Drivers, commercial vehicle operators, and even pedestrians have a duty of care. We must all do what’s reasonable to avoid hurting others.
For drivers, that means following traffic laws, changing lanes only when it’s safe, and adjusting speed for changing road conditions.
Drivers must do what’s reasonable. What’s reasonable varies from situation to situation. It can include what a driver should do, like driving at a safe speed, and what they shouldn’t do, like drunk driving.
California at-fault accident laws
California car accident fault laws are set in California Civil Code § 1714. The law says people are responsible for a lack of ordinary care or skill in the management of their person or property. The law applies to driving and in other situations.
California law recognizes that shared fault is possible. It’s not an all-or-nothing approach. In all-or-nothing states, sometimes called contributory negligence states, even the slightest bit of fault means no recovery. Instead of that harsh system, California reduces compensation based on shared fault, but doesn’t eliminate it.
Comparative negligence is a factual question. The jury hears the evidence. They decide whether to assign shared fault, and how much fault to assign to each party.
Even in at-fault accidents in California, most of the cases we handle settle because of thorough case preparation and strategic settlement negotiations.
How Shared Fault Plays Out in Common Crashes
Here are some at-fault accident scenarios:
Improper lane change + speeding
Two vehicles were traveling northbound on the freeway. One vehicle merged left into the next lane. They struck the other vehicle. But the vehicle that was struck was traveling 15 miles above the speed limit. It approached so fast that the merging driver couldn’t see it.
Broken tail light + failure to stop
A vehicle is stopped at a traffic light. The vehicle has a broken taillight. A driver approaches behind them. They fail to stop and rear-end the vehicle in front of them. The approaching driver should have stopped for the vehicle ahead, but it was hard to judge the distance because of the broken light.
Improper turn + distracted driving
A driver executed a turn when there wasn’t enough space. The oncoming vehicle could have seen them and taken evasive action, but they were looking at their phone, texting.
Does Being At Fault Affect More Than Your Claim?
Yes. Being at fault can affect more than a car accident claim. For example, being at fault can raise your car insurance rates. You may receive a traffic ticket or even be charged with a criminal offense. Plus, California uses a driver’s license point system. Enough points can mean losing your license.
It’s important to seek legal help early. You may need to address the accident in multiple ways, like going to traffic court. A lawyer can help you investigate and create a strategy. Time limits for challenging a ticket or fighting a criminal charge can be short, so don’t wait to seek legal counsel.
How an Attorney Protects Your Recovery by Fighting the Fault Percentage
The other side may not dispute that the accident occurred and that it caused your injuries. Shared fault can be the top issue.
Your attorney fights your fault percentage by showing that the other party is at fault, too. In addition, they argue for what percentage of fault is fair. They explain the accident from your perspective.
Fighting allegations of fault means presenting evidence. You may rely on witness testimony, accident reconstruction, vehicle inspection, expert analysis, surveillance video, and more. Your attorney presents the evidence and then argues what conclusions should be drawn from the evidence.
Even when the fault is disputed, most claims are resolved through negotiations. To achieve a fair result, you must build the evidence in your favor. Thorough case preparation can help you reach a settlement or prepare you for court, if necessary.
Talk to the Car Accident Attorneys at LA Century Law
At LA Century Law, we handle car accident claims. We know that fault can be complex. We help our clients get the compensation that they deserve.
If you want to know if you can still recover damages for an at-fault car accident, please contact us. Ask for your consultation. Call or message us now.
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