The state of California is pure comparative negligence state. What does that mean, and how may it affect your personal injury settlement?
What Is Pure Comparative Negligence?
Pure comparative negligence refers to the assigning of a percentage of fault to each party in a case of injury such as a car accident. This means that the at-fault party will not be responsible for 100% of your expenses and losses (unless they are deemed to be 100% responsible for the accident, which is possible).
Let’s consider an example. Imagine you are struck in an intersection by a driver who runs a red light. It seems pretty cut and dry who is at fault. But what if you were speeding? The courts may determine that the other driver is only 75% responsible because if you were driving slower, you might not have been in the intersection when the infraction occurred. This could result in a lower settlement because the other driver is only on the hook for 75% of your medical bills, lost wages, pain and suffering, vehicle damages, and the like.
Helping You Navigate Your Personal Injury Case in Southern California
The personal injury attorneys at Petrov Law Firm can help you to maximize your settlement, especially if you have a basis for claiming the accident or injury was 100% the fault of the other party. Let us help you negotiate the best possible settlement by calling 619-344-0360 today.Read More
In order to avoid being injured in an accident, the best thing you can do is to drive yourself safely. While the law may not always require you to change how you drive to accommodate road conditions, there are certain circumstances that increase the risk of an accident. Here are five types of road conditions to watch out for.
- Rain – Everyone knows that snow or ice can make roadways slick, but many seem to ignore wet roads. Any moisture on the road requires slower speeds and more room between you and the vehicle ahead of you.
- Darkness – Night driving, in particular, can be dangerous. Be sure to have your lights on from dusk onward. Watch for obstacles on the road, and be courteous to other drivers by shutting your high beams for oncoming traffic.
- Potholes – A pothole can damage a tire and result in a sudden blowout. Try to avoid potholes if at all possible. If you can’t, take the pothole as straight on as you can and slow down a much as you safely can. If your tire pressure light comes on after hitting a pothole or if you feel a wobble in the wheel, pull over immediately to assess the damage.
- Construction Areas – Construction workers are often killed by drivers who fail to use additional caution in work areas. Driving safe in construction areas is a matter of life and death for yourself and the workers.
- Animal Crossings – If you are driving through an area where animals are known to cross, use extra caution. Animals often have trouble judging the speed of cars and may try to run across the road at the last moment.
If You Have Been Injured in a Car Accident in California
The personal injury attorneys at Petrov Law Firm can help you to receive due compensation from the insurance company should you find yourself injured in an accident. Even if you have been offered a settlement, don’t sign anything before you call 619-344-0360. We’re here to help!Read More