Will Ferrell and a handful of his employees are still recovering from injuries sustained in a traumatic Los Angeles car accident. According to reports, Ferrell and a few of his aides were being driven home from a Funny or Die event in an SUV-style limousine when another car veered into their lane. The SUV crashed into the center median and flipped over. Ferrell only sustained minor injuries, but one of his female employees was “critically” injured in the crash.

Negligence and Los Angeles Car Accidents

Negligence is a leading cause of car accidents in Caliornia. When you get behind the wheel of a car you assume a duty of care. This means that you must have a valid license, obey posted traffic laws, remain alert, and operate your vehicle in a manner that does not put others in harm’s way.

Negligence occurs when a driver breaches this duty of care. Breaches can happen in many different ways, including:

• Distracted driving (e.g., texting, eating, changing the radio)
• Driving under the influence of drugs and alcohol
• Speeding
• Running stop signs and red lights
• Fatigued driving, and
• Reckless driving.

Drivers who are negligent can be held financially responsible for any harm they cause. In other words, car accident victims can file a personal injury claim against a negligent driver to demand compensation for their injuries. Compensation can be awarded for medical bills, pain and suffering, lost wages, disability, and even emotional distress.

Understanding Comparative Fault

In California, any person who contributes to an accident or injury can be liable for resulting harm. Under the rule of comparative fault, each liable party is held financially responsible to the degree they contributed to the crash.

Here’s an example. Let’s say that an investigation shows that Will Ferrell’s accident was caused because (a) the driver of the other car was speeding and (b) Ferrell’s limo driver was texting at the time of the crash.

Both drivers shoulder some responsibility for the accident. Even though Ferrell’s driver did not technically cause the accident, it could have been avoided if he had been paying attention to the road.

As a result, it is determined that Ferrell’s driver is 25% responsible for the crash, while the other driver is 75% to blame. If any of the accident victims wanted to recover compensation, they could seek 25% of their damages from Ferrell’s driver and 75% of their damages from the other driver.

Fault of Victim

What happens if someone who is injured in a crash is also responsible for their accident and/or injury? In some states, victims who contribute to their own injuries can be barred from recovering damages. In California, however, this is not the case. Victims who contribute to their own accident and/or injury will simply have their damages reduced by their own degree of fault. Find out more about comparative fault here.

Reports about Ferrell’s accident indicate that the female victim who was seriously injured in the crash was not wearing a seatbelt. This likely contributed to the extent of her injuries and could limit her ability to recover monetary damages.  If the woman decided to file a personal injury claim against the other driver, he would likely argue that her own actions aggravated her injuries. As a result, he should not be held responsible for the entirety of her damages.

Injured in an Accident?

Have you recently been injured in a Los Angeles car accident? Were you partially responsible for the crash or the extent of your injuries? California law does not prohibit you from recovering compensation. However, the amount of money you can get will be reduced by your own degree of fault.

Insurance companies will try to place a lot of the blame on you to minimize the award you receive. You can prevent this from happening by hiring an experienced Los Angeles car accident attorney to handle your case. Call us today to find out how we can help to ensure that you are fairly compensated for your car accident injuries.