To prove that someone is all or partially at fault for a car accident in California, you need to prove three things:
Proving negligence in a car accident case can be challenging, since there are so many elements that can factor into an automobile accident. The fact that California is a comparative negligence state makes proving negligence more complex, since you also need to prove how much each party’s negligence impacted an accident. However, a skilled car wreck attorney can help you gather all of the applicable evidence and build a strong case in order to ensure that fault is determined fairly and appropriately.
The fact that California is a comparative negligence state can make proving liability more complicated, but it can also be beneficial in certain cases. For example, it’s beneficial for victims in cases where the injury victim is partially, but not entirely at fault for the accident that caused their injuries. In some states, if a victim is at fault for an accident in any way, they cannot recover any damages for their losses (even if they are only 1% at fault). Some states may also disallow plaintiffs from collecting any damages if they are 50% or more at fault. In California, however, as long as a victim is not 100% at fault for their losses, they may be able to recover damages proportionate to their percentage of fault. For example, say a California injury victim would have gotten $1,000,000 in damages if they were 0% at fault for an accident. If they were found to be 30% at fault, they would instead receive $700,000 in damages. If they were 90% at fault, they could still receive $100,000.
If you believe you may be partially at fault for the accident that caused your injuries, we strongly recommend seeking legal representation. A motor vehicle accident attorney can work to make sure you’re only held responsible for an appropriate percentage of fault so that you receive the maximum compensation you’re legally entitled to.
Most Common Car Accident Injuries in California
Every year, millions of people are injured in car accidents in California. Some of the most common injuries sustained in California car accidents include:
Damages Available to Car Accident Victims
The damages available to a car accident victim will depend on the unique losses they’ve suffered due to their injuries. There are three different types of damages that could potentially be available to a car accident victim: economic damages, non-economic damages, and punitive damages.
Economic Damages Available to Car Accident Victims
Economic damages are intended to compensate an accident victim for their measurable economic losses. Some examples of economic losses in a car accident case include:
Non-Economic Damages Available to Car Accident Victims
Non-economic damages are intended to compensate an accident victim for their intangible non-economic losses, which can include:
Putting a dollar amount on non-economic damages can be challenging, but a personal injury lawyer can help you understand the type of non-economic damages you may be entitled to given your unique situation.
Punitive Damages Available to Car Accident Victims
Punitive damages are more uncommon compared to economic and noneconomic damages. Punitive damages are awarded to an injury victim by a judge as a way of punishing a defendant for particularly malicious or egregious behavior. Some examples of car accident cases in which punitive damages may be available include in DUI cases and hit and run cases.
Los Angeles Car Accidents and Uninsured Motorists
If you’re involved in an accident with an uninsured or underinsured motorist, there are options you can pursue to receive compensation. If your car insurance coverage includes uninsured/underinsured motorist coverage, you may be able to receive compensation by filing a car accident claim with your own insurance company. If you don’t have uninsured/underinsured motorist coverage on your own insurance, receiving compensation for your losses can be more challenging. However, depending on your specific circumstances, you could be able to pursue damages through legal action. If you were injured in an accident that involved an uninsured or underinsured motorist, contact LA Lawyers Group to speak with one of our expert auto accident attorneys.