THE POLICE REPORT SAYS I CONTRIBUTED TO THE CAR ACCIDENT? CAN I STILL RECOVER COMPENSATION FOR MY CLAIM?
Posted on Wednesday, April 11th, 2018 at 5:09 pm
When you are in a traffic accident in Sacramento, call 911 to report the accident. The operator dispatches a law enforcement officer from the appropriate agency to the accident scene. Remember, never apologize for the collision or say you are sorry because your comments could be construed as admitting fault. It may be difficult, but try to remain calm as you explain what happened to the officer exactly as you remember.
Unfortunately, the other driver may tell the officer a different version of how the crash occurred. Without any eyewitnesses or strong physical evidence, the officer may need to make a judgment call as to how the crash occurred and who contributed to the cause of the crash. Therefore, you could be charged with a traffic offense, or the police report could state you contributed to the cause of the crash even though you did nothing wrong.
If this happens to you, contact our Sacramento accident attorneys immediately. The police report is an important piece of evidence in a car accident case, but it is not the final determination of fault. Our accident attorneys investigate car crash cases to determine the cause of the crash and identify liable parties. In some cases, the police officer was wrong.
Filing an Injury Claim When You Are Partially at Fault
Even if you believe you are partially at fault for the collision, you may still be able to recover some compensation for your injuries. Under California’s comparative negligence laws, an accident victim does not have to be blameless to file a claim and receive compensation. However, any compensation awarded is reduced by the amount of fault assigned to the victim for causing the crash.
For example, if you were speeding at the time of the crash, the other driver’s attorney may argue you are partially to blame because you were traveling too fast to stop. If the jury accepts this argument, you might be assigned a percentage of fault for causing the crash. Any compensation you are awarded is then reduced by the percentage of fault assigned to you. Let’s assume your damages total $300,000 for your injuries, but the jury finds you are 10 percent at fault. The maximum compensation you can receive is $270,000 ($300,000 less 10 percent).
Fighting a Comparative Negligence Claim
An experienced car accident attorney can help you fight a comparative negligence claim. Our attorneys investigate your accident to determine the cause of the crash. We search for evidence that proves the other driver was 100 percent at fault for causing the crash. It is our goal to recover full compensation for all your damages. If the insurance adjuster tries to obtain a written or recorded statement, do not provide one until you talk to our attorneys. The adjuster could be searching for evidence to support a comparative fault claim.
Sacramento Car Accident Attorneys Fighting for Your Right to Receive Full Compensation for Damages
Contact The Tiemann Law Firm at (916) 999-9000 or visit our website for a free consultation with a Sacramento injury lawyer. You may be entitled to receive money from the other driver’s insurance company to pay for medical bills and other expenses. You may also receive money for your lost wages, pain, and suffering.