If you need assistance understanding comparative negligence in Modesto car accident claims, the compassionate attorneys at Valero Law Group are here to help. Our skilled team of diligent, hard-working attorneys is ready to stand up for your rights against the most prestigious organizations and their insurers.
Unlike some law firms, we always answer our phones so that you can reach us in an emergency. We also offer transportation to our firm, or can come to your home or hospital room if needed. Call now, we only get paid when our clients win.
What Is Comparative Negligence?
California is an “at-fault” state. When a car accident occurs in Modesto, one or more parties must be at fault. Sometimes, a driver may be considered partially at fault by insurers, even if another person is responsible for the accident.
Fault decisions made by insurers can be very complicated, and sometimes, a victim needs to stand up for their rights to collect the compensation they deserve for their injuries.
Remember, insurance companies will try anything to avoid paying a large sum of money to a victim. They may argue that more parties are at fault, or that a victim has a higher percentage of fault than is true. Our team can help you stand up against these tactics.
How Comparative Negligence Works in Auto Accident Claims
Comparative negligence is a legal rule that divides responsibility between drivers involved in a crash. For example, imagine a driver who lingers too long at a stop sign because they are unsure which way to turn. While they hesitate, another vehicle rear-ends them.
In some states, the rear driver would automatically be considered at fault. However, in California, the stopped driver could also be assigned part of the blame for creating a hazard by waiting too long. An insurance company might argue that the stopped driver was 10% responsible.
That percentage directly reduces their compensation. If damages totaled $10,000, a finding of 10% fault would lower their payout to $9,000.
Because fault determinations can significantly impact the outcome of a claim, it is important not to admit fault at the scene of an accident. Instead, speak with a Modesto attorney who can protect your rights and challenge unfair liability assignments.
How a Talented Attorney Can Help
When someone is injured in an auto accident, they may be in severe pain and unable to clearly express what happened. In some cases, the victim may be completely unconscious, or they may have suffered a traumatic brain injury (TBI) that affects their memory, concentration, or ability to communicate. This makes it extremely difficult for them to advocate for themselves when dealing with law enforcement, insurers, or the other driver’s legal team.
A skilled attorney can step in to protect the victim’s rights and ensure their story is heard. This often involves gathering medical records, securing police reports, and interviewing witnesses before memories fade. Attorneys may also work with accident reconstruction experts to demonstrate exactly how the crash occurred and prove liability. Additionally, they can bring in medical experts to explain the long-term effects of injuries and financial specialists to calculate both current and future losses. By building a comprehensive case, a Modesto attorney can stand up to powerful insurance companies and fight for the full compensation the victim deserves despite any claims of comparative negligence. Reach out to learn more bout the process.
Contact Our Modesto Attorneys Now for Help With Comparative Negligence
If you or a family member were hurt in an auto accident, and you need help understanding comparative negligence in Modesto car accident claims, call our office right away. We will fight fiercely on your behalf and stand up to the insurance companies. We are ready to litigate your case and help you collect the funds you deserve for your bills, pain and suffering, and property damage. Call now, our staff is standing by.
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