Since California follows a comparative negligence system, you can be partially at fault for a car crash 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 injury lawyer after a car crash in San Diego. 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 an injury lawyer. To learn more about car crashes in San Diego, please visit our article library.
Take Control of Your California Injury Claim by Contacting a San Diego Injury Lawyer Today!
California injury lawyer Mark C. Blane and his legal team aren't like some of the other injury lawyers you may have met with or seen ads for around town. Our goal is to educate our clients - even those whose cases we don't take - so that you not only understand the legal process ahead of you but the basics of San Diego injury law and your legal rights. You can get started by ordering one of our FREE injury guides including Wolf in Sheep's Clothing: What Your Insurance Company Doesn't Want You to Know and Won't Tell You Until It's Too Late! or The 10 Secrets You Need to Know About Your Injury Case Before You Call a Lawyer. Contact us today to schedule your appointment - 888-845-6269 or 619-813-7955. We are proud to serve San Diego's Spanish speaking population and even offer our FREE California personal injury book en Español.