In a California car crash, you can claim against the other driver if they caused the crash. Yet, you can still claim against them even if you bear most of the responsibility.
Distraction plays a role in many crashes, so if you can prove the other driver was not paying attention to the road, that can help you shift more of the fault onto them, increasing the amount of compensation you could get.
Let’s say you make a left turn and misjudge how long it will take the oncoming vehicle to reach you. Clearly, you made an error here. Yet, you need to see why the other driver did not see you turning across the road in front of them and stop before they hit you.
Drivers can get distracted by all sorts of things. Or, to put it correctly, drivers can let themselves get distracted by all sorts of things. Let’s say their phone was ringing. No one forced them to pick it up. That was a choice.
Or perhaps their child was screaming for attention in the back seat. No one forced the driver to turn around to try and stop their child’s tantrum. They chose to do it at that moment rather than waiting for a few hundred meters until they were past the intersection and could pull over safely.
Resisting distractions while driving can be hard, yet it is crucial
When a driver decides to let something distract them rather than focus on the road, it is only right they accept some of the responsibility if they collide with you. Having help to apportion blame will be crucial to ensuring you get the full amount of compensation due in a car crash that was not entirely your fault.