Can I Be Compensated for an Accident That Was Partially My Fault?

Partially at Fault in a Car Accident

If you have been involved in a car accident in Bakersfield, you are likely experiencing uncertainty about how to recover compensation for your losses. But what if you were partially at fault in your accident? Don’t worry, with the help of experienced car accident lawyer, Mickey Fine, those who are partially at-fault in a car accident still have a chance at recovering compensation for their damages.

Comparative Negligence Law in California

Comparative negligence is a law referring to a situation in which both drivers in a car accident are partially at fault, and responsible for paying related damages. If the plaintiff and the defendant were negligent, the jury would allocate fault (usually as a percentage). Based on the fault percentage that is allocated, each side will be responsible for paying that percentage to the opposing party.

Pure Comparative Negligence

California operates under what is known as “pure comparative negligence” in regards to determining fault in a car accident. This means that you are permitted to seek compensation from the other party in an accident even if you were chiefly at fault. For example, if you are deemed to be 75% at-fault in a car accident, you will be able to recover 25% of your full compensation.

As opposed to a “modified comparative negligence” system, pure comparative negligence will allow the at-fault party recover as low as 1% of their damages in an accident. In a modified system (which 33 other states use), there is a cap put on the amount of compensation that the at-fault party can recover. This is usually set at around 50% of the total cost of their damages.

As you can see, the state you live in can significantly impact your right to file a car accident claim if you are deemed partially at-fault. It can also have a tremendous effect on how much compensation you will eventually be able to recover.

How Can a Lawyer Help if I was Partially At-Fault in a Car Accident?

During the claims process, you may notice that the motive of the other party’s attorney is to claim comparative negligence. If the insurance company of the other party can somehow convey that you were partially at fault in your car accident, they will owe you less money than you may deserve. In extreme cases, they may owe you nothing.

This is why it is not always a surprise that victims of car accidents often receive settlement offers that are much less than they need.

Even if you were partially at fault in your car accident, Mickey Fine believes that you still deserve the full amount of compensation relative to your fault percentage. This is why it is very important to hire an experienced car accident attorney like Mickey Fine to handle your car accident case. Mickey can challenge the claims of the opposing party and make sure you do not settle for less than you deserve. Mickey will:

  • Conduct a thorough investigation into your accident and gather important physical evidence.
  • Gather other essential forms of evidence to help your case such as records, videos, photos, cell phone records, medical documents, etc.
  • Interview important eyewitnesses.
  • Obtain a police report from the accident.
  • Use the help of an accident reconstruction expert, and other specialists to assist your case.

In addition to challenging the opposing party and insurance companies, Mickey Fine will gather and present evidence of the damages you have suffered. Mickey Fine is experienced in presenting viable evidence to help his clients recover the compensation that they deserve. He will be able to negotiate with the opposing insurance company to improve your chances of recovery.

Injured in an Accident That Was Partially Your Fault? Mickey Fine Can Help

Car accidents are overwhelmingly common in California, and driver negligence is almost always the cause. At The Law Offices of Mickey Fine, we believe that you should be entitled to the compensation that is necessary to pay for your injuries. No one deserves financial hardships after an accident. If you have been involved in a car accident in Bakersfield, contact the car accident lawyers at the Law Offices of Mickey Fine.