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Fault, Liability & Car Accidents: Can I Recover If I Was Partially At Fault?

by Paul Overett
November 30, 2016
by Paul Overett
November 30, 2016

Personal injury claims allow victims to hold at-fault parties liable for causing their accidents and the damages they suffer. In order for these claims to be successful, it is necessary to establish fault and liability. Unfortunately, determining fault is not always clear, especially when both parties may have contributed to causing the crash.

At Overett Group, our legal team has worked with many car accident victims who were concerned about their right to recover compensation because they believed they were partially at fault. Fortunately, California uses a legal theory known as comparative negligence, which splits fault and responsibility for damages in crashes where both or multiple parties contributed to the crash.

If you were partially at fault for causing a car accident and were injured in the crash, the compensation you would be eligible to receive would be adjusted in relation to the percentage of fault you held. As an example, consider the following scenario:

  • A sues B stating they suffered $100,000 in damages.
  • A?s negligence for causing the crash amounted to 20%, while B?s negligence and fault contributed by 70%.
  • Under the theory of comparative negligence, A would be entitled to recover $80,000 ? which is $100,000 reduced by 20% for A?s own negligence. As California uses a ?pure? theory of comparative negligence, the reverse would be true, and A would be entitled to compensation even if they were 80% at fault for causing the crash.

Determining fault and liability are important aspects of a personal injury claim, and they demand the attention of experienced attorneys. At Overett Group, we have helped car accident victims throughout Long Beach, Orange County, and Southern California protect their rights after being injured in car wrecks, and we?re ready to help you fight for the compensation you deserve.

If you have questions about your rights and whether you are eligible to file a car accident claim, contact us today for a free consultation.


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