Can I file a personal injury claim in California if I’m at fault?

Navigating the complexities of personal injury law in California can be challenging, especially when determining liability in an accident. A common question we encounter at J&Y Law Firm is whether an individual can file a personal injury claim if they are partly or entirely at fault for the accident. Let’s delve into the nuances of California law to address this question.

Understanding Comparative Negligence in California

California operates under a system known as “comparative negligence.” This legal principle allows an injured party to recover damages even if they are partly to blame for the incident. However, the compensation awarded will be reduced by the percentage of their fault. For example, if you are found to be 30% responsible for an accident, your damage award will be reduced by 30%.

Determining Fault and Damages

The process of determining fault in a personal injury case involves analyzing the actions of all parties involved. In California, this can include:

• Driver Behavior: In car accidents, factors like speeding, distracted driving, or driving under the influence are considered.
• Premises Liability: For slip and fall cases, the condition of the property and the actions of both the property owner and the injured party are examined.
• Product Liability: If a defective product caused the injury, the liability might be shared between the manufacturer and the user, depending on usage.

Filing a Claim with Shared Responsibility

If you believe you are partially at fault for your accident, it is crucial to:

1. Gather Evidence: Collect as much information as possible about the accident, including photos, witness statements, and police reports.

2. Seek Legal Advice: Consult with a personal injury attorney to understand your legal options and the likelihood of a successful claim.

3. File a Claim Promptly: Be aware of California’s statute of limitations for personal injury claims, which is generally two years from the date of the accident.

Impact on Insurance Claims

In cases involving motor vehicle accidents, California’s status as an at-fault state plays a significant role. Your insurance company, and that of the other parties involved, will determine fault percentages and adjust claims accordingly.

What should you do if you cause a car accident in California?

If you are ever involved in a car accident in California, it’s important to follow these steps:

1. Stop Immediately and Secure the Scene: Safety is the priority. Stop your vehicle and, if possible, move it to the side of the road to avoid obstructing traffic. Turn on hazard lights to alert other drivers.

2. Check for Injuries: Check yourself, your passengers, and others involved for injuries. Do not attempt to move anyone who is injured unless there is an immediate danger (like a fire).

3. Call 911 if Necessary: If there are injuries or significant property damage, call 911. The police can file a report, and emergency services can provide medical care.

4. Exchange Information: Exchange names, addresses, phone numbers, insurance information, and vehicle registration details with the other parties involved. It’s also helpful to get contact information from witnesses.

5. Document the Scene: Take photos of the vehicles, damage, and the accident scene. Note the time, location, and conditions like weather and road quality.

6. Do Not Admit Fault: It’s important not to admit fault or make statements that could be interpreted as an admission of liability. Even saying “I’m sorry” can be misconstrued.

7. Report the Accident to Your Insurance Company: Contact your insurance company as soon as possible to report the accident. They will guide you through their process.

8. File a Report with the DMV: In California, you must report any accident involving injury, death, or property damage over $1,000 to the DMV within 10 days. The form SR-1 is used for this purpose.

9. Seek Medical Attention: Even if you feel fine, it’s wise to get checked by a doctor. Injuries from car accidents can be hidden or delayed.

10. Consider Legal Advice: If the accident is serious, or if you’re facing potential legal action, it may be wise to consult with an attorney.

Remember, each accident is unique, and these steps may vary based on the specific circumstances. It’s important to stay calm, be courteous, and follow legal procedures to ensure a proper resolution.

Conclusion

While being at fault in an accident in California does not automatically disqualify you from filing a personal injury claim, it does complicate the process. Understanding your rights and responsibilities under California’s comparative negligence law is crucial. At J&Y Law Firm, we recommend seeking professional legal advice to navigate these complexities and assess the viability of your claim.

For further guidance or to discuss your specific case, contact J&Y Law Firm at (877) 426-6580, and our team of experienced personal injury attorneys will be happy to assist you.

About the Author

Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.