Partial Fault in a San Diego Car Crash
Since California follows a comparative negligence system, you can be partially at fault for an auto accident in San Diego and still be entitled to compensation for your injuries. However, your degree of fault will reduce the compensation you're awarded.
For example, if you're awarded $10,000 and found to be 25% at fault for the accident, your award will be reduced by
25% to $7,500. Your best bet is to consult with a San Diego car accident attorney after an auto crash. Your attorney will advocate that you don't take on more blame than necessary for the accident and help you maximize the amount of compensation you can obtain.
Basic Elements of Negligence
When your San Diego injury lawyer reviews your case, he/she will scope out the basic elements of negligence.
- Duty - the negligent driver owed you a duty of care.
- Breach of duty - the negligent driver breached their duty.
- Causation - the negligent driver's actions or inactions led to your injuries.
- Damages - you've suffered injuries as a direct result of the accident.
In a car crash, for example, if a driver hit you because he/she ran a red light while you were making a left turn, your lawyer may argue that the speeding driver was more negligent and more at fault for the accident than you were.
If you think you were partially at fault in a car crash, you should consult with a personal injury lawyer.
