San Diego, CA- Sometimes a traffic accident is not the fault of one just one party, in many cases, one or more of the parties involved must shoulder some of the blame for the accident. This is a common scenario, but can be very confusing when an accident victim is injured and wishes to recover compensation. Fortunately, for accident victims in California there is a way for a victim to seek monetary damages for their injuries even if they played a minor role in their crash.
If you plan on filing a personal injury claim, USAttorneys recommends you speak with an accident attorney near your California location. They can evaluate the circumstances of your accident and outline the courses of action you can take to get compensation for your injuries and property damage.
When more than one party is to blame for an accident, California’s personal injury laws allow the victims are allowed to seek compensation under comparative negligence rules. These rules allow accident victims to recover compensation for an accident proportional to their blame for an accident. However, it is important to note that any compensation you receive for your injuries will be reduced by your level of liability for a crash.
For example, say that you are driving down a road and a motorist runs a stop sign and broadsides your vehicle, but you were also speeding at the time of the crash. The motorist who hit you is mostly to blame for the accident so they may be deemed 90 percent responsible for your injuries. But, because you were traveling in excess of the posted speed limit and were also cited you could be considered 10 percent responsible for a collision. So, if you are seeking $15,000 for your accident, the compensation you receive will be reduced by $1,500, or 10 percent of the final settlement amount.
If it has been determined that you were at least 50 percent to blame for a traffic accident, you will not be eligible for compensation from the other involved party. In these cases, victims must look to their insurer for accident compensation.
The issue of comparative negligence will come up in the early stages of your personal injury claim, especially during settlement negotiations with an insurer. They are looking for anything to reduce the amount of compensation they pay you, so expect them to bring up the issue of comparative negligence. This why you need someone with a comprehensive understanding of the state’s personal injury laws on your side, even in the early stages.
If you are partially liable for an accident, you will be more likely to get the compensation you deserve for your injuries if you have an accident attorney in California working on your case. You will benefit from their expertise and will have a better chance of recovering the amount of compensation you need when you have someone fighting for your rights. Contact one of our attorneys today and set up a case evaluation.

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