In a split second, a car or truck accident can change life as you know it. You can be left with debilitating injuries, emotional and psychological trauma, and financial devastation. While a personal injury claim might help you offset the damages that you’ve suffered, you might be worried about the process if you think you were partially at fault for the wreck. Can you still recover compensation if that’s the case?
California’s comparative negligence law
Under California’s law on pure comparative negligence, you can still recover compensation even if you were partially to blame for the accident. If you win your case and are awarded compensation, then the money you walk away with will be reduced by the amount of fault attributed to you. While this can significantly reduce what you take home, it doesn’t bar you from recovering compensation.
How can you protect yourself from comparative negligence arguments?
To reduce the risk of comparative negligence arguments, you need to think through your actions leading up to the crash and keep them in context of the overall picture of your accident. Although you can testify as to some of this, you’re best off having an expert speak as to the accident’s causation. Other witnesses can be helpful, too. Just be sure to minimize your actions in light of what the defendant did to cause the accident. You might also find success by attacking the credibility and reliability of the defense’s witnesses.
Don’t let your personal injury claim get derailed by comparative negligence arguments
There’s a lot at stake in your personal injury case. If you’re not careful in how you handle the evidence, you could end up missing out on a lot of compensation that you need and deserve. With so much at stake, be sure to take the time needed to thoroughly prepare your case. By doing so, you’ll hopefully increase your chances of securing the outcome you want.