It Takes Two to Tango: Compensation for At-fault Parties

March 1, 2011

Car collisions can be contentious battlegrounds for California drivers. The usual battle is determining fault. Did you hit him? Did she hit you? This battleground can turn friends into enemies.

However, California law has tried to bring fairness to these battlegrounds through its comparative fault system. If you were injured in any way and that injury resulted at least in part from someone else’s wrongful conduct, you may have a claim for damages against that person. For instance, some people may feel as though the accident was their fault. I ran the red light, I was speeding, or I failed to use a seat belt. Due to their guilty feelings, many people fail to bring a lawsuit because they believe their fault precludes any recovery. In some states, they may be right but not in California.

Some states bar recovery for injured parties if they were even 1% at fault. Other states bar recovery if the party was 50% or more at fault. However, California law allows the widest range of recovery. What does that mean for you? Even if you were speeding or ran a red light causing injuries to yourself and others, you may still be able to recover for your injuries. At Aitken Aitken Cohn, we represent those who are anywhere for 1% to 99% at fault. Remember, in the Golden State, you may still recover for your damages even if the accident was almost entirely your fault.

Atticus N. Wegman, Esq.