Auto accidents are unfortunate but can happen to anyone. Crashes, collisions, fender benders, and accidents are not uncommon on the roads of California. If you were injured in such an accident in Huntington Beach and want to sue the other driver for negligence, knowing the state’s comparative negligence laws will help. Each car accident case is unique and should be evaluated accordingly. It is always wise to seek legal advice from an experienced injury attorney in Huntington Beach, CA. A skilled lawyer can explain the worth of your claim after considering all factors and available evidence. Here is an overview of comparative negligence laws in California.
The pure comparative negligence rule
California is a pure comparative negligence state. The rule determines compensation for a party depending on their share in the fault. If you were at fault, your settlement would be lower. The percentage of fault will be used to reduce the awarded settlement. You can sue the other party even when you are more at fault. This is the key aspect of the “pure comparative negligence” rule. How does this work? If you are 60% at fault and were given $10,000 in a final settlement, you can still recover 40% from the other party, even though you were more to blame for the crash. Keep in mind that the other party will try to sue you for your share in fault in such circumstances.
Understanding the importance
Pure comparative negligence is key to determining settlements for car accident claims. The court and the claims adjuster of the insurance company will rely on this to determine the final compensation. Insurance companies often rely on this rule to deny and downplay claims in the real world. The insurance representative may even try to shift the blame on you.
Get an attorney
Hiring an attorney for your car accident case will only help in the long run. There are numerous PI law firms in Huntington Beach, and their attorneys have decades of collective experience. Even if you had a share in fault, your lawyer could ensure that you get a fair settlement. Of course, a lot depends on the facts of the case, but attorneys can negotiate better with insurance companies. If you are hiring a lawyer for the first time in Huntington Beach, ensure that they have experience representing clients at trial. Most car accident cases in CA don’t end up in court, but it’s hard to predict an outcome.