Every year, there are tens of thousands of car accidents in the state of California. According to the California Office of Traffic Safety, more than 3,000 of these accidents result in fatalities. In fact, in 2016 (the latest year for which data is available), there were 3,623 traffic-related fatalities in California—a 7% increase from the previous year.
Even when accidents are not fatal, they often have devastating impacts on those involved. If you suffered life-altering injuries in a serious car wreck or lost a loved one due to a motor vehicle collision, Torem & Associates can help. When someone else’s negligence causes you harm, our Fresno car accident attorneys can help you fight for the justice and recovery you are owed.
Contact us online or by phone at (888) 859-4434 for a free, no-obligation consultation. We are available 24/7 to assist you.
Common Causes of Car Accidents
Car accidents can occur in a variety of ways and for myriad reasons. In most cases, car accidents are the result of negligence on the part of one or more drivers.
Some of the most common causes of car accidents that can be attributed to negligence include:
- Distracted driving, including texting while driving
- Driving under the influence of drugs and/or alcohol
- Speeding over the legal speed limit
- Running red lights and/or stop signs
- Reckless and/or aggressive driving behaviors
- Illegal lane changes or turns
- Failure to yield the right-of-way to oncoming traffic
- Defective or faulty car parts (such as tires or brakes)
- Unsafe road design or conditions
This list is not exhaustive. There are many other factors that can contribute to a car collision, many of them the direct or indirect result of negligence. If you were injured in a serious accident or your loved one was killed as a result of the careless or reckless actions of another person, contact our firm.
The Rule of Pure Comparative Negligence
In California, the “rule of comparative negligence,” otherwise known as “shared fault,” determines how much an injured victim may be able to recover in an accident claim.
How it works:
- A jury looks at evidence to determine how much each party is at fault for the accident.
- The jury assigns fault to each involved party in terms of percentages. For example, you may be found to be 10% at fault, whereas the other party is found to be 90% at fault.
- The amount of compensation you can recover will be reduced by the percentage you are found at fault for the accident.
If, for example, a jury determines that the other driver is 80% at fault for causing a rear-end collision while texting, but you are 20% at fault because your taillights were out at the time of the accident, you will only be able to recover up to 80% of the total amount of your damages.
It is important to note that the rule of pure comparative negligence is only obligatory when cases go to trial. During settlement negotiations, the liable insurance company may bring up shared fault, but you may be able to negotiate how the rule should impact your recovery.
Schedule a free consultation call (888) 859-4434 or submit an online contact form.