Car accidents can be stressful, especially when you share some of the fault. In such cases, understanding how liability affects compensation is crucial. If you are partially at fault for an accident, your ability to recover damages may be reduced, depending on the laws of your state.
In a city such as Fresno, California, with a growing population and heavy traffic, accidents happen frequently, making it essential for drivers to understand their rights when fault is shared. If you’re involved in an accident in Fresno, consulting with the best Fresno auto accident attorney can help you navigate the legal complexities and ensure you receive fair compensation.
Understanding Partial Fault in Car Accidents
Partial fault, also known as comparative negligence, occurs when multiple parties share responsibility for an accident. In these situations, each party’s degree of fault is assessed to determine how compensation is allocated. Since Fresno experiences frequent traffic congestion, accidents often occur at intersections and highways, making comparative negligence a common issue.
According to the National Highway Traffic Safety Administration (NHTSA), approximately 6.7 million police-reported motor vehicle crashes occurred in the United States. Of these, many involved scenarios where more than one driver was at fault, highlighting the prevalence of comparative negligence situations.
- There are two main types of comparative negligence
Pure Comparative Negligence: A driver can recover compensation even if they are mostly at fault. However, their compensation is reduced by their percentage of fault.
Modified Comparative Negligence: A driver can only recover compensation if they are less than 50% or 51% at fault, depending on the state.
California Comparative Negligence Laws
Fresno follows California’s pure comparative negligence rule, which means fault is assigned in percentages. Even if you are 90% responsible for an accident, you can still claim 10% of the damages. For example, if a car accident results in $50,000 in damages and you are found 40% at fault, you can still recover 60% of the damages, or $30,000.
Insurance companies and courts analyze various factors when determining fault, such as:
- Police reports
- Witness statements
- Traffic camera footage
- Vehicle damage analysis
Impact of Comparative Negligence on Compensation Claims
The percentage of fault assigned to each party directly impacts how much compensation they receive. If you are partially at fault, your settlement will be reduced accordingly.
For instance, if your damages amount to $100,000 and you are found to be 30% responsible, you will receive $70,000 instead of the full amount. This rule ensures that all parties bear financial responsibility based on their level of fault. However, insurance companies often try to shift more blame onto drivers to reduce payouts. This is why having legal representation can help in negotiating a fair settlement.
Bottom Line
If you are partially at fault for a car accident in Fresno, you can still recover compensation under California’s pure comparative negligence law. However, the amount you receive depends on your level of fault. Understanding these laws and working with an experienced auto accident attorney can help you protect your rights and secure fair compensation.
Copyright © 2025 California Business Journal. All Rights Reserved.
For California Business Journal Disclaimers, go to https://calbizjournal.com/terms-conditions/.
