Shared Fault and Your Temecula Car Accident Claim: How to Maximize Compensation
Getting into a vehicle collision in a busy area like the Promenade or near the I-15 interchange can be a terrifying experience. Your mind likely races with concerns about your health and how you will pay for the damage to your car. In many cases, the other driver might try to point the finger at you to avoid taking responsibility for the crash. This tactic is used to reduce the amount of money their insurance company has to pay out to you.
Understanding how the law handles these situations is the best way to protect your right to a fair settlement. If you are struggling to deal with aggressive insurance adjusters, a Temecula car accident attorney can help.
Shared Fault Is Common in Temecula Accidents
It is very frequent for more than one person to be blamed for a crash on local roads. Temecula has many congested intersections and high-speed stretches where small mistakes by multiple drivers can lead to a single wreck. When this happens, the legal system must decide what percentage of the accident was caused by each person involved.
● A driver is speeding through a yellow light while another driver makes a left turn without checking carefully.
● One car has a broken brake light, and the vehicle behind it is tailgating too closely to stop in time.
● A person is looking at their phone and hits a car that is illegally double-parked on a narrow street.
● Two vehicles merge into the same center lane at once because neither driver used their turn signal.
How California Handles Comparative Fault
California uses a system referred to as pure comparative negligence to decide how much money an injured person can receive. This law allows you to seek compensation even if you were mostly responsible for the crash. For example, if a jury decides you were 25 percent at fault, you can still collect 75 percent of your total damages from the other party. This ensures that a single mistake does not completely stop you from getting the help you need for your medical bills.
Insurance companies are aware of this rule and will often push for an unfair amount of blame to be placed on the victim. They do this because every percentage point of fault they put on you is money they get to keep. They might take your words out of context or use minor details to make you look negligent. A Temecula car accident lawyer acts as your shield by gathering evidence like dashcam footage and witness statements to prove the other driver was the primary cause of the wreck.
● Adjusters often ask leading questions during recorded calls to trick you into admitting fault.
● They may claim your injuries are pre-existing or caused by something other than the collision.
● Companies sometimes delay your claim to pressure you into accepting a lowball settlement offer.
● They might argue that a minor traffic violation you committed makes you entirely responsible for the crash.
● Teams of investigators work to find any detail that can lower the final payout for your injuries.
California Statute of Limitations for Personal Injury Lawsuits
You must follow strict deadlines if you want to file a lawsuit after being hurt in a crash. In California, you typically have only two years from the date of the accident to start your legal case in court. If you wait until after this window closes, you lose your right to ask for any money at all. This time goes by very quickly when you are focusing on doctors and physical therapy.
It is best to act fast and work with a personal injury lawyer to ensure your claim is filed correctly. Working with a legal professional early on allows them to save evidence before it is erased or lost. They also handle all the complex paperwork, so you never have to worry about missing a critical court date. Taking quick action gives your legal team the time they need to build the strongest possible case for your recovery.
Protect Your Legal Rights After a Crash
You deserve a legal partner who will stand up to big insurance companies and fight for the maximum value of your claim. A dedicated attorney will ensure that you are treated with respect and that your side of the story is fully heard. They understand the tricks and strategies adjusters use to offer subpar settlements and will work tirelessly to prevent you from being bullied into an unfair deal. Reach out today to discuss your accident and learn about the steps you can take to secure your future.
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