Sometimes, there is no clear-cut case of liability in a car accident. When you need to determine fault for compensation purposes, these situations can make things more complicated. It isn’t always just one driver who is responsible for an accident. In fact, more than one of the drivers may have made mistakes, and in some cases, even the passengers or some external factor might share some of the liability.
Further, in cases involving Sacramento car accident comparative negligence, it isn’t always so much about what a driver did as it is about what a driver did not do. When drivers don’t take the action necessary to prevent an accident, they can be held responsible for the negligence that led to it.
When this happens, everything is taken into account when determining financial liability and obligation. Because comparative negligence can be confusing, it’s important to have an experienced lawyer on your side to ensure the right person is held responsible for the car accident.
In some cases, you are legally able to file your own accident report. However, an impartial report will probably be taken more seriously, so it is better to contact the police after an accident and have them file the accident report.
Following Sacramento procedures will ensure that you have an accurate accident report for both your insurance company and your lawyer in the event you need to seek compensation. This report will detail the scene of the accident, which helps to establish the comparative negligence involved.
When liability is determined, it is calculated in percentages. The result determines the amount of your liability. If your responsibility is 20 percent, and the total cost was $10,000, you are liable for $2,000 of the total cost, not just your own.
For example, if another driver swerved into your lane and the lane next to you was open, you may be partially responsible for the accident because you did not move into the open lane. Your lawyer, the other party’s lawyer, and the judge or another representative of the court will determine the percentages based on all of the evidence and testimony.
Sacramento car accident comparative negligence laws are in place to make sure that everyone who played a part in making the accident happen is held accountable. This is the case even if the part they played involved a lack of action rather than a direct action. However, this can cost you more than it should, especially if you are forced to accept responsibility for something that wasn’t your fault.
If you have been in a car accident, don’t risk being held financially responsible for something you didn’t do. A knowledgeable attorney from Crowell Law Offices can assist you with comparative negligence in your claim, so call us at 916-303-2800.