Sacramento Law Firm Helping with Your Car Accident Case
Our lawyers at Mastagni Holstedt, A Professional Corporation have decades of experience dealing with car accidents, determining underlying causes, identifying liabilities and holding responsible parties accountable.
Pure comparative negligence in California
Negligence is a legal term that relates to actions making a party liable for damages when they owe another party a duty of care. Driving safely and avoiding accidents whenever possible is a duty of care that all drivers on the road owe to each other. In a personal injury case, California courts determine fault based on pure comparative negligence. They compare each party’s degree of cause in an accident and assign each party a percentage of fault.
For example, the courts may assign 50 percent fault to a driver who ran a red light and 50 percent fault to the other driver, whose blood alcohol content (BAC) was .08 at the time of the accident. In Sacramento and all throughout California, injured parties have the right to recover damages, no matter what their percentage of fault. A party with serious injuries who was 99 percent at fault could still recover compensation. California is one of only 13 states that operate based on pure comparative negligence. Most states do not permit parties to recover compensation when they are more than 50 or 51 percent at fault. A few states do not allow parties to recover compensation if they had any percentage of fault at all.
Challenges involved with insurance companies
Dealing with insurance companies in cases involving car or truck accidents can be difficult. Typically, insurance companies defend their clients against claims and try to prove that their client had a lesser percentage of fault than alleged by the plaintiff in the case.
Insurance companies are not in the business to pay maximum value for their claims. The less they pay you, the more the insurance company makes off your premium.
By working with an experienced attorney who knows insurance company tactics, you protect yourself against insurance strategies that are not in your best interests. In addition, lawyers who have years of experience dealing with insurance companies develop skills and acquire leverage at the negotiating table. They can also take your case to trial if unable to reach a fair settlement.
Put your trust in an experienced law firm
Our attorneys at Mastagni Holstedt, A Professional Corporation in Sacramento handle car accident cases that result inwrongful death, and can help surviving family members recover the compensation entitled under California law. Contact us online or call 1-877-212-6907 for a free consultation.