Posted on Thursday, July 23rd, 2020 at 7:00 am    

When you are injured in a car accident caused by another person, you might be entitled to compensation for your injuries. However, the insurance company for the other driver may claim that you cannot recover full compensation for the injury claim because you were speeding at the time of the accident. If the other driver caused the crash, why does your speed have anything to do with your car accident claim?

Damages in a Car Accident Claim

You may be entitled to compensation for a variety of damages caused by a car crash. In most cases, a person may recover full compensation for damages including, but not limited to:

  • The cost of your medical care and treatment;
  • Expenses related to in-home health care and personal care;
  • Loss of income, including salaries, bonuses, wages, overtime pay, and benefits
  • Decreases in future earning potential;
  • Pain and suffering, including physical, mental, and emotional suffering;
  • Losses related to permanent impairments and disabilities; and,
  • Loss of quality or enjoyment of life.

Our Sacramento car accident lawyers document your losses and damages carefully to increase the value of your car accident claim.

Are You Entitled to Recover Full Compensation for a Car Accident Claim?

To recover full compensation for all damages related to a car accident, you must prove that the other driver was entirely responsible for the cause of the crash. Under California’s personal injury laws, only a party who was at-fault for causing your injury can be held liable for your damages and losses.

However, if you shared any responsibility for the cause of the crash, your compensation can be reduced because of California’s pure comparative fault laws. You cannot recover full compensation if your actions contributed to the cause of the car accident.

How Does Comparative Fault Work in California?

California adopted a “pure” comparative fault standard. A person can be 99 percent responsible for the cause of his or her injury and still receive compensation for one percent of his or her damages. Some states have a “bar” that they use to determine if a person who is at fault for a crash can still recover compensation. Most states set the bar at 50 or 51 percent. If the person’s liability exceeds that amount, the person cannot recover any compensation for damages.

Let’s assume that a jury decides that you are 60 percent at fault for the cause of the collision because you were speeding when the crash occurred. Your compensation for the accident would be reduced by 60 percent. If your damages totaled $100,000, the most you could receive would be $40,000.

Insurance companies use comparative fault to undervalue injury claims. If an insurance company tries to blame you for the cause of a crash, you need to talk to an experienced Sacramento car accident attorney immediately. Allegations of comparative fault can significantly reduce the amount of money you receive for a car accident claim.

Contact a Sacramento Car Accident Lawyer for Help

If you or a loved one is injured in a car accident, we want to help. Our lawyers have extensive experience handling all types of car accident claims, including claims involving comparative fault allegations. Let us help you recover full compensation for your injury claim.

Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our Sacramento car accident lawyers.

Client Testimonials

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.