Ventura Car Accidents
After a car crash, you may be contacted by an insurance adjustor for the other driver. Although they may seem friendly, they are likely trying to obtain an admission of fault from you. The adjustor does not owe you a duty of care or loyalty, and they are hoping to reduce their insured's potential liability by getting something that can be used to discredit your case. You should not talk to an insurer before consulting your own attorney. At Sharifi Firm, APC, our Ventura car accident lawyers provide aggressive and knowledgeable counsel to people harmed by careless drivers.Pursuing Compensation After a Car Accident
Most car accidents in California result from negligence. As a plaintiff, you will need to establish by a preponderance of the evidence the defendant's duty of care, a breach of duty, causation, and actual damages. All drivers owe a duty to others on the road to use reasonable care, but this duty may be breached in many different ways, including texting while driving, running a red light, speeding, or driving drunk.
California follows the doctrine of comparative negligence, under which a plaintiff's damages may be reduced by an amount equal to their degree of fault. The jury will determine the total damages and also assign a percentage of fault to each of the parties found to be at fault. For example, if the total damages are $100,000, and you are found to be 50% at fault, and the defendant is also found to be 50% at fault, you can potentially recover $50,000 from the defendant.
Matters are made more complex in car crashes involving multiple at-fault parties, such as some types of chain reaction accidents or collisions involving a negligent driver as well as a dangerous property condition. California follows the rule of joint and several liability with regard to economic damages, but each party is only severally responsible for their share of noneconomic damages. For example, if Defendant A is 60% at fault, and Defendant B is 40% at fault, but Defendant A is not insured and owns no valuable assets, you may claim all of your economic damages from Defendant B. However, you may only claim 40% of your noneconomic damages from Defendant B.
Compensation that you may be able to recover if you establish negligence includes economic and noneconomic damages. These may cover medical costs, medical mileage, therapy, assistive devices, vocational rehabilitation, household services, pain and suffering, and loss of enjoyment.Retain a Car Accident Lawyer in Ventura or Beyond
At Sharifi Firm, APC, our experienced Ventura car accident attorneys may be able to help you bring a claim to pursue compensation for your injuries if you have been struck by a careless driver. Call us at (866) 422-7222 or use our online form to set up a free consultation with a motor vehicle collision lawyer. We also represent victims in Los Angeles and other cities throughout Southern California, such as Temecula, Riverside, San Bernardino, and Irvine.