Sometimes when someone calls our office after being involved in a car accident in Los Angeles and they have a bodily injury there is a disagreement about just how much another driver was at fault. For example, if you’re texting and driving and get T-boned by someone who ran a red light – how much fault is attributed to the driver who ran the red light? 25%? 50%? 75%?
In cases like this, many insurers are going to attempt to minimize your claim and even blame you for your injuries.
If you’ve been injured in an accident and you were a “little bit” to blame, contact us today for a free and confidential consultation. We’ve handled many injury cases just like this. Worst case scenario, we give you some free advice.
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Comparative negligence
Sometimes an injured person wasn’t using due care and caution for their own personal safety, and he or she was partially at fault in an accident. That’s when the law of comparative negligence is considered, and a percentage of fault is assigned to the injured person.
California is one of a minority of pure comparative negligence states. With pure comparative negligence, even if a claimant is 95 percent at fault, he or she can still be awarded damages.
As a brief example of this: if you were 10% at fault and your damages are $500,000, you could still recover $450,000.
Common causes of being partially at fault
Plaintiff conduct which could be considered negligent:
- Speeding
- Injured while not wearing a seat belt
- Failure to use a turn signal
- Distracted driving
- Walking across the street outside of a crosswalk
Do I need an accident lawyer?
While many insurers are going to attempt to minimize your claim, and experienced attorney can maximize it.
If serious injuries were involved in an accident we strongly recommend you speak to an experienced Los Angeles car accident lawyer. In some cases the free advice will assist you in your insurance claim and in other instances retaining an attorney may help you obtain significantly more compensation for your claim.
Allen Vaysberg practices personal injury law and works tirelessly to defeat the tactics of insurance companies and large corporations who try to deny justice and fair compensation to injured people.
