After an Irvine car accident, fault is not always completely one sided. One driver may have caused the collision, while the other may also have made a mistake that contributed to the crash. A car accident lawyer Irvine drivers contact after an accident can investigate how California comparative negligence rules may affect the amount of compensation available.

California law allows responsibility to be divided when more than one person contributed to an accident. The percentage of fault assigned to an injured person can reduce the amount recovered. California’s current civil jury instructions specifically address comparative fault and the allocation of responsibility among people whose conduct contributed to the harm.

Comparative Negligence Divides Responsibility for a Crash

A car accident does not always have one completely innocent driver and one completely responsible driver.

For example, one driver may make an unsafe turn while another driver is speeding. A driver may change lanes without enough space while another is distracted. In a multi car crash, several people may contribute to the sequence of impacts.

Comparative negligence allows fault to be divided according to each person’s role in causing the harm.

A percentage may be assigned to:

• The injured driver
• Another driver
• Multiple drivers
• Other responsible parties

California jury instructions direct jurors to assign percentages of responsibility when the fault of multiple people contributed to the plaintiff’s harm. Those percentages must total 100 percent.

Your Percentage of Fault Can Reduce Your Compensation

The percentage assigned to an injured person matters because it can affect the amount recovered.

Suppose an injured driver has $100,000 in damages but is found 20 percent responsible for the crash. The recoverable amount may be reduced to reflect that share of fault.

The important issue is that being accused of contributing to an accident does not automatically mean the entire claim is lost.

Insurance companies may try to assign as much fault as possible to the injured person because a higher percentage can reduce what the insurer must pay.

An attorney can investigate whether the percentage suggested by the insurance company is actually supported by the evidence.

Insurance Companies Often Raise Comparative Fault Early

An insurance adjuster may begin looking for evidence of shared responsibility immediately after the accident.

The insurer may claim that you:

• Were speeding
• Were following too closely
• Changed lanes unsafely
• Failed to react quickly enough
• Were distracted
• Made a sudden stop
• Failed to avoid the collision

These arguments may appear in conversations with adjusters, recorded statements, claim letters, or settlement negotiations.

An accusation is not the same as proof.

The attorney should compare the insurance company’s position with photographs, video, witness statements, vehicle damage, police reports, and other available evidence.

Evidence Can Change How Fault Is Divided

Small details may have a major effect on a comparative negligence dispute.

Important evidence can include:

• Traffic collision reports
• Accident scene photographs
• Vehicle damage photographs
• Dashcam footage
• Surveillance video
• Witness statements
• Cell phone records
• Vehicle data

A driver may claim that you entered an intersection unexpectedly. Video may show that the other driver was distracted.

An insurance company may argue that you caused a rear end collision. Vehicle damage and witness statements may show that your car was first pushed forward by another vehicle.

California Courts identifies photographs, witness statements, police reports, medical records, and other supporting material as important forms of evidence in personal injury cases.

Comparative Negligence Is Common in Intersection Accidents

Intersection crashes often lead to competing versions of events.

One driver may claim to have had the right of way. The other may say the first vehicle was speeding or entered the intersection too late.

The investigation may focus on:

• Traffic signals
• Stop signs
• Turning movements
• Vehicle speed
• Lane position
• Visibility
• Witness accounts
• Video footage

Fault may depend on more than who entered the intersection first.

An attorney should review the complete sequence of events before accepting an insurance company’s conclusion.

Multi Car Crashes Can Involve Several Percentages of Fault

Comparative negligence can become even more complicated in a multi car collision.

One driver may cause the first impact. Another may have been following too closely. A third may make an unsafe maneuver that contributes to additional collisions.

Each insurance company may blame the others.

Questions may include:

• Who caused the first impact?
• Was one vehicle pushed into another?
• Did another driver have time to stop?
• Was anyone speeding or distracted?
• Did more than one negligent act contribute to the injuries?

California’s comparative fault instructions recognize that responsibility may need to be allocated among multiple people whose conduct contributed to the harm.

Pedestrians and Cyclists Can Also Face Fault Arguments

Comparative negligence is not limited to collisions between two cars.

After a pedestrian or bicycle accident, an insurance company may argue that the injured person contributed to the crash.

The insurer may claim that a pedestrian entered the roadway unexpectedly or that a cyclist made an unsafe movement.

The attorney should still investigate the driver’s conduct.

Important questions may include whether the driver was:

• Speeding
• Distracted
• Failing to yield
• Turning without checking the area
• Driving without reasonable attention

The complete actions of everyone involved should be evaluated before responsibility is divided.

Do Not Automatically Accept the Insurance Company’s Percentage

An adjuster may tell you that you were 25 percent, 40 percent, or even more responsible for the collision.

That does not necessarily make the percentage correct.

Insurance companies may base their position on:

• Their insured driver’s statement
• An incomplete police report
• Limited photographs
• Assumptions about vehicle damage
• A recorded statement given shortly after the crash

An attorney can review whether other evidence changes the picture.

The final allocation of fault may become part of settlement negotiations or, when a case goes to trial, a decision for the jury based on the evidence.

Comparative Fault Can Affect Settlement Negotiations

Insurance companies consider disputed fault when evaluating settlement offers.

A strong injury claim may still receive a low offer when the insurer argues that the injured person shares responsibility.

The attorney may respond by presenting evidence showing:

• Why the other driver caused the crash
• Why the proposed percentage is excessive
• Whether another party contributed
• How the collision caused the injuries
• The full amount of the damages

California personal injury claims based on negligence require proof of the facts supporting responsibility and the losses caused by the injury.

The stronger the evidence, the better the attorney can challenge an unsupported attempt to shift blame.

Contact a Car Accident Lawyer Irvine Drivers Can Call After a Fault Dispute

A car accident lawyer Irvine drivers can contact after a disputed crash should investigate the complete sequence of events before accepting an insurance company’s version of fault. Comparative negligence can affect compensation, but an accusation that you contributed to the accident does not automatically end the claim.

Bojat Law Group represents people injured in car accidents throughout Irvine, Orange County, and Southern California. The firm handles intersection crashes, multi car accidents, rear end collisions, truck accidents, motorcycle crashes, Uber and Lyft accidents, pedestrian accidents, catastrophic injuries, traumatic brain injuries, and wrongful death cases.

Bojat Law Group has recovered more than $100 million for clients and offers free consultations 24 hours a day, 7 days a week.

Call Bojat Law Group at (818) 877-4878 to discuss your Irvine car accident case. There is No Win No Fee, which means you pay no attorney fee unless compensation is recovered.