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Learn how Visalia car accident attorneys explain California’s comparative negligence laws and fight to protect your right to fair compensation.
Car accidents can be stressful, costly, and life-changing events. For victims in Visalia, California, understanding your rights after a crash is essential to getting fair compensation for your injuries, property damage, and financial losses. One of the most important legal concepts that affects your case is comparative negligence. This rule determines how fault is divided between drivers and how much compensation each party can recover.
In this comprehensive guide, our Visalia car accident attorneys break down California’s comparative negligence laws, explain how they impact your personal injury claim, and offer practical tips for protecting your rights after a collision.
Comparative negligence is a legal doctrine used to determine the percentage of fault assigned to each party involved in an accident. California follows a pure comparative negligence system, meaning that even if you were 99% at fault for the accident, you can still recover 1% of your damages from the other at-fault party.
There are two main types of comparative negligence:
California’s pure comparative negligence system is very plaintiff-friendly, giving injured drivers and passengers a chance to recover something even in complex cases.
Because fault is rarely clear-cut in car accidents, insurance companies often try to argue that the victim was partially responsible. If they succeed, they can reduce the payout. Understanding comparative negligence can help you fight back and secure a fair settlement.
Car accident cases often involve multiple contributing factors. Here are some common situations where comparative negligence becomes crucial:
Even though the trailing driver is usually presumed to be at fault, the lead driver may share liability if they stopped suddenly without reason, had malfunctioning brake lights, or created a hazard.
When two drivers enter an intersection at the same time, determining who has the right of way can be tricky. Both parties may bear some percentage of fault.
If both drivers were texting, talking on the phone, or otherwise distracted, fault can be split based on how each driver’s distraction contributed to the crash.
If both drivers were changing lanes simultaneously or one failed to signal, liability can be divided between them.
Comparative negligence can also apply to pedestrians or cyclists if they crossed against a signal or failed to follow traffic laws.
Your total compensation is reduced by your percentage of fault. For example:
This makes it critical to minimize your share of fault as much as possible.
Insurance adjusters often:
Having a Visalia car accident lawyer on your side can help push back against these tactics and ensure that your percentage of fault is not exaggerated.
To recover fair compensation, your attorney will work to gather evidence showing the other party’s negligence. This may include:
In complex cases, your lawyer may hire accident reconstructionists, biomechanical experts, or medical specialists to prove how the other driver’s actions caused the crash and your injuries.
Comparative negligence becomes especially important in high-value cases involving:
The higher the damages, the more incentive insurance companies have to reduce payouts by shifting fault. This is where skilled representation makes a major difference.
Always ensure there is an official record of the crash.
Take photos of the vehicles, road conditions, traffic signals, and your injuries if possible.
Even if you feel fine, some injuries take hours or days to show symptoms.
Stick to the facts when speaking with police and insurance companies.
The sooner you involve a lawyer, the better they can protect your case.
Hiring a skilled local attorney can make a significant difference in your case. They can:
A Visalia-based lawyer understands:
This insight can be invaluable in building a strong claim.
California’s statute of limitations gives you two years from the date of the accident to file a personal injury claim. Waiting too long can result in losing your right to compensation entirely.
Additionally, evidence can disappear quickly. Skid marks fade, witnesses move away, and surveillance footage may be deleted. The sooner you act, the stronger your case will be.
California’s comparative negligence laws can be complicated, but they also allow you to recover compensation even if you were partially at fault. The key is to minimize your assigned percentage of fault and present strong evidence proving the other party’s responsibility.
If you or a loved one has been injured in a car accident in Visalia, don’t navigate the legal system alone. Contact a skilled Visalia car accident attorney today to discuss your case, understand your rights, and pursue the maximum compensation you deserve.
Call to Action:
Call the Visalia personal injury attorney to schedule a free consultation. Our experienced Visalia car accident lawyers are ready to fight for your rights and secure the compensation you need to move forward.
To know more details, contact us
Name Of Law Firm: The May Firm Injury Lawyers
Address: 205 N Johnson St, Visalia, CA 93291, United States
Phone: 559-754-1994
Website URL: https://www.mayfirm.com/
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