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Can I recover damages if I was at fault for an accident?


In the aftermath of a serious car crash, there is a lot that injured victims don't know. They may not know how bad their injuries, who was at fault or even what exactly happened.

While answers may not come immediately, it is important to get them. Not only can the information provide some accountability and sense of understanding, it can also determine if and how much compensation an injured party may stand to receive.

Comparative negligence laws

In California, the courts follow comparative negligence laws. These laws state that a person can recover financial compensation after an accident, even if they are partly to blame for it.

However, the amount a person receives depends on their percentage of blame.

For instance, imagine you are struck by a speeding driver who ran a red light at an intersection. However, at the time, you were looking down to change the song on the radio.

The courts may find that you are 10 percent to blame for the accident, while the other driver was 90 percent to blame. You can still recover financial damages, but your award will be reduced by 10 percent.

Critical elements after a crash

Determining the extent of a person's fault after a crash can be very difficult, especially when there are multiple parties involved. As such, it is vital to be diligent when collecting evidence after a crash.

Often, accident victims work with an attorney who can help investigate the accident and track down information like another driver's cellphone records or surveillance videos from nearby businesses.

It is also important for crash victims to carefully document injuries, property damage and any details they can remember about the incident. Each of these can affect the compensation that may be available after a serious motor vehicle accident.

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When you are facing criminal charges or have suffered a serious injury, you have no time to lose. Your rights are time-sensitive under the law.

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Law Offices of Payam Y. Poursalimi, APC
8383 Wilshire Blvd.
Suite 830
Beverly Hills, CA 90211

Phone: 323-782-9927
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