Understanding Comparative Fault in Injury Cases
If you’ve been injured in an accident, you might assume the other party is entirely at fault. But what happens if you’re partially responsible too? This is where the legal concept of comparative fault comes into play. In this blog, we at Von Esch Law Group explain how comparative fault works in California, how it affects your potential compensation, and why having strong legal representation is essential when fault is disputed.
The Basics of Comparative Fault
Comparative fault is a legal doctrine that allocates responsibility for an accident among all parties involved, including the injured person. Unlike older rules that completely barred recovery if you had any fault, California’s system allows recovery even if you’re 99% at fault. Your compensation is simply reduced by your percentage of fault, making injury claims more fair—but also more complex.
An Example of How It Works
Let’s say you were in a car accident and suffered $100,000 in damages. If a court finds you 20% at fault for speeding and the other driver 80% at fault for running a red light, your final award would be reduced to $80,000. Understanding how these percentages are determined—and how to challenge them—is key to securing a favorable outcome in your case.
Why Insurance Companies Use It Against You
Insurance companies often try to shift as much blame as possible to reduce how much they have to pay. They may argue you were distracted, not wearing a seatbelt, or failed to follow safety precautions. Even a small admission on your part could be used to lower your payout. That’s why it’s crucial to avoid making statements without legal guidance.
How Fault Is Proven in Court
Fault is established through evidence such as accident reports, photos, video footage, expert testimony, and witness accounts. Your lawyer plays a key role in gathering and presenting this evidence to minimize your share of the blame. The stronger your case, the less fault will be attributed to you—and the more compensation you’ll receive.
Mistakes to Avoid After an Accident
Never apologize or admit blame at the scene, even out of politeness. Avoid posting about the accident on social media, and don’t give recorded statements to insurance adjusters. These actions can be twisted and used to assign you more fault. Instead, document the incident, get medical care, and speak to an attorney immediately.
How Von Esch Law Group Can Help
Comparative fault can dramatically impact your injury claim, so it’s essential to have experienced legal counsel. We at Von Esch Law Group know how to fight back against unfair blame and build a compelling case for full compensation. We’ll protect your rights, gather the right evidence, and guide you every step of the way.