CAN I RECOVER FULL COMPENSATION IF I WAS SPEEDING?
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.