If someone is involved in an accident, they may feel guilty – especially if people suffered injuries as a result. While admitting fault at the scene of an accident is never a good idea, it may not be fatal to your personal injury claim. First, you should tell your lawyer that you admitted fault at the accident scene. Moreover, you should refrain from providing the at-fault driver’s insurance company with a recorded statement – even if they request one.
A knowledgeable OC car accident lawyer in your area can help you overcome your admission of fault and pursue the best possible result in your case. After filing a legal claim on your behalf, your lawyer can negotiate with the insurance company adjuster and, if necessary, file a lawsuit and litigate your case in the court system.
An Admission of Fault Is Nothing Without Evidence
When the insurance company evaluates your claim, they must look at the evidence. Evidence includes information contained in a police report about how the accident occurred, who caused it, and whether or not the police officer issued a citation. Potential evidence may also include statements from eyewitnesses who saw what happened and can testify about the relative speeds, directions, and movements of the involved vehicles.
An admission of fault without evidence essentially means nothing. Therefore, if the evidence clearly shows that the other driver caused the accident, the insurance company cannot hold you accountable. Your lawyer can obtain copies of police reports, eyewitness statements, and other documents and let you know if you are eligible to file a personal injury claim for damages. If you are, your lawyer can file the claim on your behalf and work to pursue the damages you deserve.
Pure Comparative Negligence in California
California uses a pure comparative negligence standard in personal injury cases, meaning that a plaintiff can still recover monetary compensation in their case if they contributed 99 percent to the accident. In that instance, they will still recover one percent of the available damages. If they contributed 50 percent to the accident, they can still recover 50 percent of the available damages.
Even if you admitted fault at the accident scene, your lawyer can still argue that you are entitled to a portion of the available compensation, depending upon your circumstances. Car accident victims often suffer serious injuries, including broken bones, traumatic head, and brain injuries, internal organ damage, and soft tissue injuries. If you can establish the legal elements of your claim, you might recover compensation for your related medical bills, lost earnings, inconvenience, pain, and suffering.
Your lawyer can help you determine which of these damages you are eligible to recover in your personal injury case and will do everything possible to help you maximize those damages.
Call a California Car Accident Attorney Today
If you suffered injuries in a car accident that involved another driver, you might be eligible to recover damages – even if you admitted fault at the accident scene. Your lawyer can review the facts and circumstances of your case with you and determine your claims-filing eligibility. If the insurance company refuses to offer you the compensation you deserve, your lawyer can file a lawsuit on your behalf, litigate your case in the court system, and, if necessary, take it to a jury trial or binding arbitration hearing.
