Car accidents are rarely straightforward. In many crashes occurring in Chico, California, both drivers may share some degree of responsibility. If you’ve been injured but believe you may have contributed to the accident, you might be asking: Can you still recover compensation if you were partially at fault?
The short answer is yes. Understanding how California law handles these situations is key to protecting your rights. Here’s what you need to know:
How Comparative Fault Works in California
California follows a comparative fault system, which means compensation is not all-or-nothing. Instead, your recovery is reduced by your percentage of fault. For example, if you were found 20% at fault for a rear-end collision and the damages totaled $100,000, you could still receive $80,000.
This system ensures that even if you were partly responsible, you are not automatically barred from pursuing a claim. It also prevents the other driver’s insurance company from escaping accountability by simply shifting a small portion of the blame onto you.
Why Insurance Companies Dispute Liability
Insurance companies have one goal: minimize payouts. In accidents, it’s common for adjusters to exaggerate your role in the crash, hoping to reduce the settlement. They may argue you were distracted, driving slightly over the speed limit, or failed to take evasive action.
A personal injury attorney becomes critical because they know the laws and the usual tactics used to shift blame. An experienced lawyer knows how to gather evidence (such as traffic camera footage, accident reconstruction reports, and witness statements) to show the true extent of fault and fight against unfair blame.
Common Scenarios of Shared Fault
Some frequent examples of partial fault in car accident cases include:
- Being rear-ended while stopping suddenly without signaling.
- Entering an intersection where another driver also runs a red light.
- Driving slightly above the speed limit when another driver makes an unsafe turn.
Even in these scenarios, victims can often recover substantial damages with the help of a skilled car accident attorney.
What You Can Recover Even with Partial Fault
Even if liability is shared, you may still be entitled to compensation for:
- Medical bills (including long-term care for serious injuries).
- Lost wages and reduced earning potential.
- Pain, suffering, and emotional distress.
- Vehicle repairs or replacement.
An attorney can also pursue car accident settlements that account for the long-term impact of your injuries, not just immediate expenses.
A personal injury attorney can fight insurance tactics that unfairly shift blame and ensure your settlement reflects your true losses.
Protecting Your Rights After a Crash
If you’ve been in an accident where fault is disputed, it’s important not to accept an insurance company’s first offer. Instead, consult with a legal professional who understands comparative fault and how to build a strong case in your favor.
Marquez Law Office has years of experience helping drivers navigate the complexities of partial fault cases. They know how to push back against insurance companies and fight for the compensation their clients deserve. If you’ve been injured in a crash in Chico or Red Bluff, CA, get in touch with us today for a consultation to properly advocate for your injury.
