“In California, being partially at fault doesn’t bar you from recovery. This article explains how pure comparative negligence works, common shared fault scenarios and why hiring Los Angeles bus accident attorneys is essential to protecting your compensation against insurance company tactics.”
Moving after a large transit vehicle crash is stressful. Beyond physical injuries and growing medical expenditures, many Southern California crash victims hesitate to sue because they believe their conduct caused the crash. You may think you lost your entitlement to compensation because you were marginally speeding or crossing outside a crosswalk.
A prevalent misperception in Los Angeles prohibits victims from receiving financial aid. California law is more forgiving than people think. Even if you share some responsibility, you may be able to recover losses.
Understanding California’s Pure Comparative Negligence System
California operates under a legal doctrine known as pure comparative negligence. This is one of the most plaintiff friendly systems in the United States. Unlike states that bar recovery if you are more than 50% responsible, California allows you to seek compensation regardless of your level of fault.
Under this system, fault is assigned as a percentage and your final compensation is reduced by that amount. For example, if a court determines your total damages are equal but finds you were 25% at fault, your award would be calculated as follows:
Even if you were found to be 90% at fault, you could still technically recover the remaining 10% of your damages. This is why consulting with experienced Los Angeles bus accident attorneys is vital; the difference of even a few percentage points represents a significant amount of money.
Common Scenarios Where Fault is Shared
Bus accidents are rarely black and white. Because buses are common carriers, they are held to a higher standard of legal care, but passengers, pedestrians and other drivers still have a duty to act reasonably. Fault is often shared in scenarios such as:
- Pedestrian Actions: A person may be hit by an LA Metro bus while crossing outside of a designated crosswalk. While the pedestrian was jaywalking, the bus driver may have been distracted or speeding, creating a split liability situation
- Passenger Conduct: A sudden DASH bus halt could hurt a passenger. If the passenger stood when seats were available or did not use handrails, the defense may claim they caused their injury
- Vehicle Maneuvers: A passenger car driver may make an unlawful turn, but if the bus driver had time to react but failed due to exhaustion, both parties are responsible
Expert bus accident attorneys in Los Angeles specialize in untangling these details to ensure the bus company does not unfairly shift the entirety of the blame onto you.
Why Insurance Companies Focus on Partial Fault
Bus insurance adjusters, whether from Metro or Greyhound, are trained to reduce payouts. They will depreciate your claim if they can get an admission of even a small fault in a recorded statement.
They may argue that you are not entitled to anything because you were partially culpable, hoping you are unaware of the state’s comparative negligence legislation. This is the main reason to hire Los Angeles bus accident lawyers early. An attorney handles all interactions and ensures your liability is not inflated.
The Six Month Trap: Deadlines Matter
When dealing with bus accidents in Los Angeles, the clock ticks faster than in a typical car accident. If the bus is owned by a government agency, you generally have only six months from the date of the incident to file a formal administrative claim.
Failing to meet this strict deadline can result in losing your right to sue entirely. While private bus companies often have a two year statute of limitations, determining ownership is not always straightforward. Immediate legal investigation is necessary to identify the liable parties and meet all statutory deadlines.
Steps to Protect Your Claim
If you were involved in an accident and suspect you might be partially at fault, your immediate actions are critical:
- Do Not Admit Fault: Avoid saying I’m sorry or I didn’t see you. These statements are often used as admissions of total liability
- Document the Scene: Take photos of the bus number, the intersection, any obscured signs and the vehicle damage
- Gather Witness Info: Other commuters or bystanders may have observed the bus driver acting negligently before the crash
- Seek Medical Care: Establishing a medical record immediately prevents the defense from claiming your injuries were caused by an unrelated event
Conclusion
Partial fault hinders, not blocks. Traffic in Los Angeles makes accidents complicated and responsibility is rarely one-sided. Working with experienced Los Angeles bus accident attorneys ensures the evidence is fairly examined and the bus business is held accountable for its conduct.
You deserve an accurate recovery of your losses. To investigate your case and fight for the maximum California compensation, contact a lawyer today.
