Determining liability in a personal injury accident in California can be more complicated than expected. However, it can ultimately be decided based on whether someone was negligent. It’s simple to accuse someone or a business of causing the accident and demanding compensation, but before you can earn the compensation you must determine who was legally at fault.
Accidents more than often happen due to carelessness, to determine who is legally at fault you must first look from the insurer’s perspective. A rule of thumb in legal liability is that if one person was more careless than the other, the less careless one must pay a portion of the damages the more careful one sustained.
Legal liability will more than often be determined by the previous proposition and the following circumstances:
If an injured person was not where he or she was expected to be, or somewhere he or she should have expected the activity that caused the accident, the person who caused the crash may not be liable due to the person having no requirement to be cautious toward the injured person.
If the injured man or woman was also careless, his or her compensation might be reduced by the extent of the carelessness involved in the accident that was responsible, this is called comparative negligence.
When Multiple People Are At Fault
When multiple people are at fault, when more one careless drivers cause an accident, the law states that any single negligent party handles paying you fully for your injuries. The at-fault parties must decide amongst themselves to decided who should compensate the additional parties.
Knowing this general principle regarding collection from the responsible party gives you a few influential advantages. If a liable person is insured, but the other is not, you can make a claim against the insured man or woman for the necessary compensation. If both people are protected, your claim will be settled by one insurance company. It is best to consider the people you think might be at fault and alert each members notifying them that you are going to file a claim seeking compensation. After further investigation of the accident and discovering how the accident occurred or deciding which insurance company will take responsibility, you must follow a claim against only one.
Hiring our experienced personal injury attorneys will confirm whether you should pursue legal action or whether you are likely to win the case or not, saving you time and the expense of a claim. Our Orange County personal injury attorneys work on a contingency fee, meaning if you do not win the case or you do not have to pay for attorney expenses. If you are ready to pursue a claim but need the reassurance an experienced Orange County personal injury attorney can provide, contact Guldjian & Fasel today.