If you have been injured in a traffic accident in California, you must understand the laws that can help you secure the compensation you need to make a healthy recovery. Traffic accident cases that involve multiple defendants, such as pile-up accidents, can be challenging to pursue as it can be difficult to apportion fault amongst the parties involved. Moreover, it can be difficult to determine an accurate amount of compensation awarded to those who have been injured. California’s pure comparative negligence system attempts to resolve the issue of determining compensation when multiple parties are involved.
What is “Pure Comparative Negligence”?
The State of California follows a pure comparative negligence standard to award damages to injured victims of traffic accidents and other tort cases. The comparative negligence system is used to determine the relative responsibility of the parties involved in the accident and the damages available to those who were injured.
Under a pure comparative negligence jurisdiction, the defendant(s) are only responsible for their percentage of fault. Those seeking compensation for their injuries and losses can still recover damages even if they were found at fault for contributing to the accident. Instead of receiving the total amount of damages, the plaintiff’s award will be reduced by the persistence of fault.
Recovering Damages Under Comparative Fault Law
Based on California’s comparative fault law, a person who has been injured in a traffic accident can still recover a damages award even when found partially at-fault for the accident. California traffic accidents involve comparative fault claims, usually when the accident involves multiple parties.
Examples of traffic accidents that can involve multiple at-fault parties include:
- Bus accidents,
- Large truck accidents,
- Accidents involving a pedestrian or cyclist,
- Accidents that occur on a defective road, and
- Accidents that involve an intoxicated driver
Challenges Faced in a Multi-Vehicle Accident
It can be difficult to pursue a personal injury case that involves multiple vehicles for a variety of reasons. First, it can be challenging to identify the at-fault party, which can occur because the actions of multiple drivers caused the accident. Additionally, traffic accidents can also be blamed on non-drivers, such as vehicle part manufacturing companies, road maintenance agencies, or construction crews.
When an auto accident involves multiple at-fault parties, a jury will determine the share of fault each party holds in causing the damages. The injured party seeking compensation can recover damages that will be reduced by his or her share of fault in causing the accident.
Obtain the Damages Award You Deserve – Speak to a Well-Established Attorney
Establishing liability in any traffic accident can be difficult, and it will require a thorough investigation of the accident. To build a strong case, it is necessary to secure vital evidence, including witness reports and photographs of the collision. If you or a loved one has been injured in a traffic accident, it is necessary to speak to a well-established personal injury attorney as soon as possible.
The proficient litigators at RM Law Group, LLP are exceptionally skilled in complex auto accident cases. To establish fault in an accident and secure fair monetary compensation, consider scheduling a no-obligation consultation with the firm. Contact them today to discuss your available legal options.