Posted on Monday, April 24th, 2017 at 11:24 pm
Fox40 News reported on a North Sacramento high-speed car accident that occurred last week in the neighborhood of Del Paso Heights. Witnesses stated they saw a vehicle speed through a stop sign immediately before the collision. The crash occurred near the intersection of Elm Street and Harris Avenue. The Sacramento Police Department was still investigating the accident, but it appears that alcohol may have been a factor in the cause of the collision.
Four people were transported to the emergency room for treatment. Two of the four accident victims were in critical condition.
Speeding, Alcohol, and Failing to Yield the Right of Way
Any of these three driver errors can lead to a tragic car accident. In a case like the one above, it may take weeks or months to sort out the details of the accident to determine if one, two, or all three were factors in the cause of the collision. When the details are sorted out, it could be a situation where both drivers were partially at fault for the crash.
For example, one driver may have failed to yield the right of way while the other driver was intoxicated and speeding. In that scenario, a defense attorney may argue that both parties contributed to the crash and are both responsible for the damages. The extent of a driver’s liability will be determined by comparing the degree of fault or negligence for the crash.
California’s Pure Comparative Fault System
California adopted what is known as a pure comparative fault system for judging an accident victim’s degree of fault for an accident. It is important to understand the legal theory of comparative negligence and how it can impact the amount of compensation you can receive for your injuries in a car accident.
Under California’s comparative negligence laws, if an accident victim is found to be partially at fault for a crash, his or her compensation will be reduced by the percentage of fault assigned to the victim for the collision.
In the above example, if a jury finds that the driver who failed to yield the right of way was 80 percent at fault for the accident, that person would only recover 20 percent of his or her damages. This would be the case even though the other driver was intoxicated and speeding at the time of the crash. Because California chose to adopt a “pure” comparative negligence standard, an accident victim can be 99 percent at fault and still recover compensation for one percent of his or her damages.
Don’t Let The Insurance Company Cheat You Out of Compensation for Your Car Accident
An insurance company may try to blame the victim so it can use comparative negligence laws to reduce the amount of money it has to pay to settle the claim. If the insurance adjuster can get you to admit you were in a hurry, the company may try to argue you must have been speeding or not paying attention the time of the accident. Anything you say can potentially be used later to hurt your claim.
Before you discuss your claim with an insurance adjuster, call our office for a free consultation with a Sacramento car accident lawyer. For your free consultation with an experienced lawyer, call the Tiemann Law Firm at (916) 999-9000 or visit our website. Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.
Source: “4 Hospitalized After High-Speed Collision in North Sacramento,” by Katelyn Stark, Fox40 News, April 22, 2017