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California law employs comparative negligence in car accident cases. Comparative negligence is a system that is used to ascertain the level of liability or responsibility regarding the cause of an automobile accident. In other words, is more than one person at fault for causing a car accident? If you were involved in an accident, were you responsible in some way for contributing to that car accident?
Lake Forest car accident lawyers are of crucial assistance when an issue of comparative negligence is raised in a car accident claim or lawsuit. The reality is the issue of comparative negligence is relatively common in California car accident claims and lawsuits.
How Comparative Negligence Works
The facts and circumstances surrounding a car accident are examined. A determination is made as to who primarily is at fault for the incident. However, the evaluation also takes a look at the facts to ascertain if you or anyone else added to the negligence mix.
For example, if a driver drives through an intersection when you have the right-of-way, that individual will be deemed primarily at fault for causing the collision. However, if you were texting at the time you drove through the intersection, you likely will have some fault attributed to you. This very well may be the case even though you lawfully were in the intersection.
Although you lawfully were in the intersection in the first instance, you were engaged in an activity that is not permissible in the state of California. Texting while driving is not permitted pursuant to California law.
The argument will be that had you now been inattentive in driving at that moment, you may have been able to avoid the collision. This does not alter the fact that the other driver is primarily responsible. A percentage of fault may be assigned to you.
The driver of the car who went through the intersection without the right-of-way may be deemed 90 percent at fault, with 10 percent assigned to you.
Comparative Negligence and Compensation
The manner in which the comparative negligence system impacts compensation potentially paid to you in a car accident case underscores the need for Lake Forest car accident lawyers, like the members of the team at the El Dabe Law Firm. The assignment of some of the fault for causing the accident to you lowers the amount of compensation you will be paid in a case.
Assume for the sake of argument that you otherwise are entitled to compensation in the amount of $300,000. This is the base amount of money awarded to you in a personal injury lawsuit arising our of the car accident scenario described a moment ago.
In the absence of comparative negligence, or if you were not found at fault whatsoever, the money paid to you would be $300,000. Being found 10 percent at fault for causing the accident, the total amount of money awarded in a lawsuit to be paid to you is reduced by that same amount. Thus, instead of receiving compensation in the amount of $300,000, you would receive $270,000.
Lake Forest car accident lawyers are tenacious in fighting off attempts to reduce your compensation by using comparative negligence arguments by defendants in a lawsuit. In addition, the assist car accident victims by reducing the percentage of fault assigned to you.
The matter of comparative negligence is what is known as a question of fact for a jury in a lawsuit. Based on a consideration of the evidence, and the arguments made by counsel, a jury allocates fault in a car accident lawsuit in California. Engaging an experienced attorney capable of presenting evidence to direct fault for the accident away from you, and who can make a compelling presentation to the jury, is vital to the overall success if your case.
Hire Lake Forest Car Accident Lawyers at El Dabe Law Firm
The El Dabe Law Firm has broad experience in dealing with personal injury cases of all types. This includes car accidents in which comparative negligence is an issue.
An attorney from the El Dabe Law Firm will schedule an initial consultation with you at your convenience. There is no charge for a preliminary appointment to discuss your case with an attorney at the El Dabe Law Firm.
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