Being in a car accident can be hard financially, physically, and mentally. You also need to understand and know the laws of comparative negligence in the state of California. Knowing the rules will help you understand how your case will be handled and how a lawsuit will roll out if you decide to sue the other party. An Inglewood car accident lawyer can be an asset in your potential case.
Comparative negligence is used to assign fault. Most insurance companies will assign blame in a percentage value. In most cases, the drivers will share the blame, although not always equally. Insurance companies will then pay for the damages that were caused by their client. The assigned percentages of fault will ultimately decide who pays what.
There are three types of comparative negligence: pure comparative negligence, modified comparative negligence, and slight/gross negligence. California follows pure comparative negligence.
The first thing that has to happen in a comparative negligence car accident case is that fault has to be determined and assigned. Insurance companies will look at evidence from the accident such as police reports, photographs, and witness testimonies.
Make sure you get a copy of the police report and take your own photographs at the scene so you have your own evidence and documentation.
The insurance companies will determine who is at fault and then assign percentages. So, you might be 30% responsible for an accident while the other person is 70% responsible for the car accident.
This means the amount you would have been awarded in compensation will be reduced by 30%. So if your damages were worth, say, $100,000, you’d only walk away with $70,000.
Partnering with a lawyer can be helpful, especially in cases where you don’t agree with the blame you’ve been assigned or the settlement you are offered. Talking to a lawyer can ensure you are offered the best advice and see how you should move forward.
If you decide to sue the other party and their insurance company, an attorney can also guide you through the process as well as negotiate with the insurance companies.
An Inglewood car accident lawyer at Manard Law, LLC has the experience and knowledge to provide you with the best possible representation for your car accident case in Inglewood.
Give us a call at 504-585-7777, or fill out the contact form below. We are ready to speak with you and help answer your questions during this difficult time.