Glendale Auto Accident Attorney: How Comparative Negligence Affects Your Claim
Vehicle accidents can pose severe and complicated challenges for victims and their loved ones. Oftentimes, it is a question of who is responsible for causing the pain and suffering and how that party will be found liable. Speaking to an auto accident attorney can help minimize the additional challenges and allow clients to have peace of mind when dealing with their claims. An attorney can explain the steps needed to receive medical care and ensure clients focus on recovery. This article will explain how comparative negligence plays a part in determining liability when involved in a vehicle collision. Comparative negligence may affect the following:
- How liability is evaluated
- How insurance companies review accident claims
- How damages may be calculated
- How settlement discussions develop
Understanding Comparative Negligence in California
The pure comparative negligence system allows for multiple parties to be held responsible for a vehicle collision. The following is true under this rule.
- More than one driver may be responsible for a crash
- Each party may be assigned a percentage of fault
- Potential compensation may be reduced by the individual’s share of responsibility
Situations Where Comparative Negligence May Apply
Examples of where comparative negligence may apply include, but are not limited to, the following.
- One driver was speeding, while another failed to yield
- An unsafe lane change was made while another driver was distracted by their phone
- A rear-end collision where the lead vehicle had malfunctioning brake lights
- A driver entered an intersection quickly, while another driver misjudged a traffic signal
- One driver made an improper turn, while another was driving above the speed limit
- Multi-vehicle crashes where several drivers reacted differently to a sudden traffic change
It is important to take note of the evidence needed to prove negligence played a key role in the vehicle collision. Evidence may include:
- Police accident reports
- Physical evidence from the crash scene
- Vehicle damage patterns
- Witness accounts
- Traffic camera footage
- Surveillance video from nearby businesses
Documentation and the preservation of evidence may help determine which parties would be held liable for the injuries caused by the automobile accident. It is crucial to maintain the necessary documentation to proceed with the claims. An attorney can assist in determining the required documentation and providing information on the timeliness of each.
The Role of Evidence in Determining Fault
The following evidence may be reviewed when determining who is responsible for the accident.
- Police accident reports
- Statements from drivers
- Witness testimony
- Traffic camera recordings
- Dash-camera footage
- Photographs of the accident scene
- Vehicle damage assessments
- Emergency response documentation
- Medical records related to injuries
Investigators may also evaluate driver behavior leading up to the crash, such as:
- Vehicle speed
- Traffic conditions at the time of the accident
- Whether turn signals were used properly
- Compliance with traffic lights and stop signs
How Insurance Companies Evaluate Comparative Fault
After a crash has occurred, insurance companies will often call victims and ask them about the events that took place before, during, and after the crash. It is important to understand this and become aware of the questions they may ask to ensure you don’t minimize the severity of your injuries. Some injuries take weeks or months to develop; therefore, it is crucial to wait and speak to an insurance provider after seeking legal advice. Insurance companies evaluate comparative fault by determining whether the injured party’s actions contributed to the vehicle collision.
Why Understanding Comparative Negligence Matters
Comparative negligence is important in determining who was held responsible for the harm caused during a car accident. Accountability for a vehicle collision can be shared between multiple parties, and evidence can assist in defining who was at fault. If it is safe to do so, victims should document the scene of the car accident by taking photos and videos of the damage to ensure they are capturing the events that occurred. Oftentimes, after a car crash, important evidence disappears. It is necessary to record the scene and speak to witnesses to ensure that the correct information is being relayed to investigators.
How Legal Guidance May Help After a Glendale Auto Accident
Receiving legal guidance after a vehicle collision has occurred can help victims obtain the support to recover from their injuries. If you have suffered after a car crash, you may consider speaking to a professional attorney who can help with the following:
- Reviewing police reports
- Reviewing accident documentation
- Preserving evidence
- Speaking to insurance providers
- Explaining relevant personal injury laws
How KAASS LAW Can Help
Our personal injury attorneys at KAASS LAW can help victims who have been in vehicle collisions understand their rights and proceed with their claims. Our legal team will investigate the case and help victims and their loved ones become aware of their options moving forward. KAASS LAW wants to help individuals who have faced challenges from car accidents receive support and guidance. Call KAASS LAW today.