Car Accidents in Ontario: What Happens If You’re Partially At Fault?
Being involved in a car accident is never easy, but things can get even more complicated when you’re partially at fault. Many accident victims believe that admitting some responsibility will prevent them from recovering compensation, but that’s not always the case. While this article refers to Ontario, California laws govern the principles discussed, particularly comparative fault. If you’ve found yourself in this situation, understanding how partial fault affects your claim can significantly affect the compensation you recover.
What Does ‘Partial Fault’ Mean in California Car Accidents?
Partial fault, also known as comparative negligence, means that more than one party shares responsibility for causing an accident. In California, which follows a comparative negligence system, the amount of compensation you can recover is reduced by your percentage of fault.
For instance, if you were speeding, a car pulled out from a side street, and a collision occurred, you might share responsibility for the collision. In this case, you could be deemed 40% at fault, while the other driver carries 60% of the blame. Even though you’re partially at fault, you are still entitled to recover compensation, but your percentage of fault will reduce it.
How Comparative Fault Impacts Compensation
Under California’s comparative fault law, accident victims can recover compensation regardless of their level of fault—even if they are 99% responsible. However, the amount of compensation decreases proportionally.
Example Case: A Rear-End Collision
Let’s say you’re involved in an accident where the total damages (medical bills, lost wages, and property damage) amount to $50,000. If you are found to be 25% at fault because you were distracted by your phone, your compensation will be reduced by 25%. Instead of receiving the full $50,000, you would only recover $37,500.
This system ensures that even when multiple parties share blame, victims can still recover the financial support they need. This is a fair and just system that accurately reflects culpability and responsibility.
Common Scenarios of Partial Fault in California Car Accidents
Certain accident types often involve shared fault. Understanding these situations can help you better navigate your case:
Left-Turn Collisions: when a driver makes a left turn and collides with an oncoming vehicle, the turning driver is usually at fault. However, if the oncoming car was speeding or ran a red light, fault may be shared.
Multi-Vehicle Accidents: in accidents involving multiple vehicles, determining fault can be complex. For instance, if you rear-end one car and cause a chain reaction, you might be partially at fault for subsequent impacts. Each of the subsequent vehicles may share lability, as well.
Accidents Involving Pedestrians: if a pedestrian jaywalks and you hit them, you may share fault. While drivers must exercise caution, pedestrians also have a duty to obey traffic laws.
These examples illustrate how fault isn’t always black and white—multiple factors come into play, which can complicate your claim.
Steps to Take If You’re Partially at Fault
If you believe you share responsibility for a car accident, taking the right steps immediately after the crash can protect your rights and strengthen your case.
Call the Police and File a Report: a police report can document the facts of the accident, including statements from all parties involved. While it doesn’t determine fault definitively, it provides critical evidence that insurance companies and attorneys will use in their evaluations.
Gather Evidence at the Scene: take photos of the vehicles, road conditions, traffic signals, and any visible injuries. Collect the names and contact information of witnesses, as their statements can provide an unbiased account of the accident.
Notify Your Insurance Company: inform your insurer about the accident as soon as possible. However, avoid admitting fault or speculating about what happened—stick to the facts and be consistent.
Consult an Experienced Car Accident Attorney: an attorney can guide you through the claims process, ensuring that your percentage of fault is fair and that you maximize your compensation.
How Insurance Companies Determine Fault
Insurance companies play a significant role in determining fault and negotiating settlements. They rely on evidence such as:
Police reports
Witness statements
Accident reconstruction analyses
Photos and videos from the scene
However, insurers often attempt to assign more fault to claimants to reduce their payout. For example, if you’re partially at fault in an accident where the total damages are $100,000, the insurance company may argue that you’re 50% responsible instead of 30%. This would reduce your compensation from $70,000 to $50,000—a significant difference.
An attorney can challenge these determinations and ensure your share of fault is accurately assessed.
Mistakes to Avoid After a Partially Faulted Accident
If you’re partially at fault, certain actions can jeopardize your claim. Here are some common mistakes to avoid:
Admitting Fault: even if you believe you’re partially responsible, don’t admit fault at the scene or during conversations with the insurance adjuster. Fault determination is complex and should be left to professionals.
Accepting the First Settlement Offer: insurance companies often present lowball offers, especially in cases involving shared fault. Always consult an attorney before accepting any settlement.
Posting on Social Media: sharing details about your accident or injuries on social media can harm your case. Insurance companies may use your posts to argue that your injuries are not as severe as claimed.
How a Car Accident Attorney Can Help
Navigating a car accident claim when you’re partially at fault can be challenging, but an experienced attorney can provide invaluable support:
Challenging Fault Determinations: your attorney can review the evidence and argue for a lower percentage of fault, increasing your potential compensation. In some cases,
Negotiating with Insurance Companies: attorneys are skilled negotiators who can push back against unfair settlement offers and ensure you receive a fair payout.
Building a Strong Case: from gathering evidence to consulting experts, an attorney can strengthen your case and maximize your compensation.
For example, in one case our firm handled, a driver was initially assigned 100% fault in a collision. After presenting evidence that the other driver had faulty warning lights, we successfully reduced our client’s fault to 50%, resulting in a significant settlement.
California’s Statute of Limitations for Car Accident Claims
In California, you have two years from the date of the accident to file a personal injury claim. In certain situations—such as cases involving minors or government entities—different rules may apply. However, bi timely because evidence can fade, and witnesses may become harder to contact over time. Acting quickly is especially important in partial fault cases, where evidence may be disputed.
Conclusion
Being partially at fault in a car accident doesn’t mean you lose your right to compensation. California’s pure comparative negligence system ensures that accident victims can still recover damages, even when they share some responsibility. By understanding your rights, avoiding common mistakes, and consulting an experienced car accident attorney, you can protect your financial future and get the compensation you deserve.
The content provided on this blog is for general informational purposes only and does not constitute formal legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees. The information provided here should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.
Your use of this blog and any information contained herein does not create an attorney-client relationship between you and our firm. For advice regarding your individual situation, please contact our office as we would be happy to discuss your case. We expressly disclaim all liability with respect to actions taken or not taken based on any or all the contents of this blog.”
