Multiple Drivers at Fault
In some situations, however, responsibility for a crash may be more difficult to determine or may not be clear cut. Multiple drivers may ultimately be considered at fault for the wreck, including the driver who was injured.
Even if the plaintiff is partially at fault, it will not prevent them from recovering anything. In a legal case known as Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), the Supreme Court of California decided that injured drivers should be able to recover for their injuries regardless of the role they may have played in contributing to the accident themselves. Unlike many other states, the Supreme Court determined that this should be the result even if the injured driver is more than 50 percent at fault than the other driver, although the injured driver’s ultimate recovery will be reduced in proportion to the percentage of fault assigned to them.
This means that even if an injured driver was 99 percent responsible for causing the car crash that hurt them, they can still receive compensation for one percent of their declared damages. Our San Bernardino motor vehicle crash lawyer could help an injured person understand how this rule will impact the total potential recovery and plan the lawsuit accordingly.
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