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San Diego Accident Attorney On Comparative NegligenceBy Expert Author: Vesta Duvall
For an accident case to favor the victim, there must be proof of negligence. It doesnít matter if the offender had any or no idea that his actions would cause life-threatening damage. A motorist in California, as well as in any state, is responsible for the welfare of his fellow motorists, which can be observed by obeying traffic laws.
Determining negligence can either be comparative or contributory; California and the rest (save for five states) of the U.S. use the former. In this setup, the court will look at the facts and weigh in on how much the victim should receive. A professional San Diego accident attorney has to justify that his client should receive full compensation.
Regardless of the type of negligence system in place, both share a common list of situations where negligence is justified. Under California law, some of these include:
Losing situational awareness
Failure to maintain vehicle
Not using turn signals when turning
Not using headlights when needed
As mentioned before, California uses a comparative negligence system. This is why it pays to be obedient to traffic laws even when others arenít. If evidence suggests that the victim also paid no heed to the laws, full compensation wonít be possible. For example: if the victim had been driving too fast prior to the crash, heíll most likely receive a 20-percent cut on damages.
Ask your local San Diego accident attorney how he can help with getting you full compensation in a crash. For more information on California accident laws, visit Nolo.com.
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