Yes, You Can Still File A Claim Even If You Were Partially At Fault For The Crash
California has a pure comparative fault system where you can still file a lawsuit for personal injuries even if you were partially at fault.
In a pure comparative fault system, each party involved in an accident or injury is assigned a percentage of fault based on their contribution to the incident, regardless of how large or small that contribution may be. Each party is then responsible for paying damages proportionate to their percentage of fault. For example, if a plaintiff is found to be 40% at fault for an accident and the defendant is found to be 60% at fault, the plaintiff may still recover 60% of the damages from the defendant. The determination of how much each party is at fault will be made by a judge or jury.
Examples of comparative fault issues when it comes to a personal injury case include:
- Unsafe Passing: If a driver attempts to pass a bicyclist without leaving enough space or without checking for oncoming traffic, and an accident occurs, the driver may be found at fault for unsafe passing. However, if the bicyclist suddenly swerves or makes an unexpected movement, they may also be assigned a percentage of fault.
- Left-Turn Accidents: In accidents involving left turns, both drivers may share fault. For example, if a driver makes a left turn in front of an oncoming vehicle that is speeding, the driver making the turn may be found partially at fault for failing to yield, but the speeding driver may also be assigned fault for driving above the speed limit.
- Impaired Driving: In accidents involving impaired driving, both the impaired driver and any other drivers involved may share fault. For example, if a driver runs a red light while under the influence of alcohol and collides with another vehicle that was speeding, both drivers may be assigned a percentage of fault.
- Failure to Yield: If one driver fails to yield the right of way, but the other driver is speeding or distracted, both drivers may be deemed partially at fault for the accident. For instance, if a driver runs a red light and causes a collision, but the other driver was texting while driving and failed to react in time to avoid the collision, both drivers may share fault.
If you have been in an accident and are unsure if you have a claim, call Morales Law Firm for a FREE case evaluation.
