Approximately 6 million motor vehicle collisions happen every year in the U.S. That averages over 16,000 per day, with many of these crashes causing injuries and deaths. If someone else is responsible for your accident, you may qualify to seek compensation through a personal injury claim.
But what if more than one party is at fault for your car crash? Does that mean you will need to file multiple claims to get the compensation you deserve? Accident claims with several at-fault parties can be challenging, but our knowledgeable Gilroy, CA personal injury attorney knows how to overcome those challenges.
Around 94 percent of all motor vehicle collisions are caused by driver errors. Following too closely, speeding, distracted driving, failing to yield the right of way, and driving while drunk or high are examples of those negligent driving behaviors. Sometimes, factors other than driver errors contribute to accidents. Other factors include poorly maintained roads, defective auto parts, and even improperly loaded cargo.
Most crashes have more than one cause. For example, a distracted driver could collide with one who is speeding. A drunk driver might then crash into both of the other vehicles. All three drivers could share fault in that scenario.
Shared fault is so common that every state has negligence laws that govern eligibility for compensation and the amounts you could receive. California uses pure contributory negligence. That means you can pursue a claim for compensation from other at-fault parties even if you are 99 percent responsible for causing your crash. Each at-fault party is liable for a percentage of accident-related damages according to the degree of fault.
Suppose you are 20 percent responsible for your crash. Another driver is 65 percent responsible, and the government agency that failed to repair a huge pothole is 15 percent at fault. Because you are 20 percent at fault, you are likely eligible to receive 80 percent of your total damages. You would have two claims: One against the other driver and another against the government entity. Getting as much compensation as you deserve through one claim is often challenging. With multiple claims, the problems can be compounded.
To collect compensation, you must prove that another party’s negligence directly caused your injuries and related damages. Damages are economic and non-economic losses that result from your accident.
When several parties contribute to causing car crashes, it is often difficult to determine which party caused each specific loss. Insurance companies do not want to pay your claim anyway. They will probably try to blame one of the other parties to avoid paying you or at least reduce the amount of your payout.
If you have been hurt in a car accident, the last thing you need to do is fight multiple insurance companies. We can handle every aspect of your case on your behalf, using our legal knowledge, experience, and skills to unravel even the most complex claims.
When you partner with Fuller Law Firm, our goal is to maximize your compensation. If that means filing multiple claims, our determined San Jose, CA personal injury attorney will do so on your behalf. Request your free case review now by contacting us online or calling 408-234-7563.