Car accident aftermaths are anything but black and white; claimants might expect quick, fair compensation but encounter hurdles. Sometimes, they know or learn they are partially responsible for what happened. This situation, often referred to as comparative negligence, can have significant implications for your case.

What Is Comparative Negligence?

Comparative negligence is a legal principle used to determine the degree of fault each party shares in an accident. Under this system, fault is not an all-or-nothing proposition. If multiple parties are responsible for an accident, the law assigns a percentage of fault to each party based on their contribution to the incident.

California follows a pure comparative negligence rule. This means that even if you are partially at fault for the accident, you can still receive compensation. However, your damages will be reduced in proportion to your degree of fault. For example, if you are found to be 99% responsible for a crash, you can still recover 1% of your damages. California is one of the few states that follows this approach.

How Is Fault Determined in Ontario?

Fault determination in car accidents is based on the evidence presented, including witness statements, police reports, and any other relevant documentation. In Ontario, the courts and insurance companies will assess the details of the accident to determine the percentage of fault for each party involved. It is important to gather as much evidence as possible to support your claim and to provide a clear picture of the events leading up to the accident.

How Do I Fight for Compensation if I Am Partially at Fault for an Accident?

If you find yourself partially at fault for an accident, we recommend gathering as much evidence as possible, including photos, witness statements, and police reports. This evidence can clarify the details of the accident and accurately establish fault percentages. If successful, you may be able to receive compensation to cover your medical expenses, property damages, and lost income. In some cases, claimants are also awarded damages for pain and suffering and losing the ability to enjoy life.

Should I Admit Fault After an Accident?

It is important to be careful when discussing fault immediately after an accident. Admitting fault on the scene can be used against you later in the process, even if the full extent of the situation is not yet clear. Insurance companies and lawyers will examine the evidence to determine liability, so it is best to avoid making statements that could imply you are solely responsible. Instead, the facts of the incident should be reported, and the legal process should be used to determine the allocation of fault.

How Can a Lawyer Help if I Am Partially at Fault?

A lawyer can be a valuable resource if you are partially at fault for an accident. They can help you understand the legal framework surrounding your case, assess the evidence, and advise you on the best course of action. Additionally, a lawyer can negotiate with insurance companies to protect your rights. They can also work to see that you are not unfairly penalized for your portion of the responsibility. Having a legal professional by your side can help you achieve the best possible outcome, even if you share fault in the incident.

Let the Ontario Car Accident Lawyers at Lerner Moore Silva Cunningham & Rubel Fight for Fair Compensation for Your Damages

Individuals who may be partially at fault for car accidents turn to the Ontario car accident lawyers at Lerner Moore Silva Cunningham & Rubel for legal guidance. For a free consultation, call our Ontario or Victorville, California, office at 909-889-1131 or contact us online. We proudly serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.