Five Hurt When Out-of-Control Car Rams into Residence

A local crash highlights what can happen in out-of-the ordinary of car accidents. A pair of BMWs speeding during daytime spiraled out of control, with one smashing into a San Jose home, critically injuring a mother and burying her daughter in the rubble of what used to be their kitchen. Three people in one of the speeding cars were also hospitalized with less severe injuries.

Neighbors heard an explosion and rushed to the scene, finding the mother with her torso severely twisted. They heard the daughter’s frightened screams and rescued her from underneath a collapsed roof. Miraculously, the daughter was relatively unscathed.

Police did not immediately take anybody into custody following the accident. They were still investigating the cause of the crash, and whether the drivers were racing  a section of the road previously had its share of racers.

In a California car accident case, determining fault — and the degree of fault — is essential for any party seeking recovery. It may appear that the aforementioned mother and daughter hurt in the crash did nothing wrong. However, the relative fault of the other involved parties is much less clear. Should the mother decide to sue for the injuries she and her daughter sustained, the BMW drivers are likely to be found a certain percent at fault for the accident.

Under the California pure comparative negligence standard, damage claims are reduced by the percentage you were at fault. Even if your fault was comparatively greater to other parties, you can still potentially recover compensation. If you were 50 percent at fault and suffered $2 million in damages, you would still be able to recover $1 million. If you were 95 percent at fault, you could still recover $100,000, or 5 percent, equaling the other party’s (or parties’) share of fault for your injuries.

Even if you believe you were partly at fault in a California injury case, it is crucial you consult with an experienced personal injury lawyer to assess your rights and liabilities. For committed service from an experienced car accident attorney, set up a free consultation with our firm to discuss your case.

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