The Fault Factor: How California’s Rules Affect Your Injury Settlement

Episode Summary

In this episode of The Moody Lawyer: Justice Served with Experience and Integrity, attorney Josh Moody discusses California's comparative fault rules and how they impact car accident claims. He explains the distinctions between contributory and comparative negligence, shares real-life cases illustrating these legal principles, and offers practical advice for accident victims. From understanding how fault percentages are determined to the role of evidence like dashcams and traffic cameras, this episode is packed with insights to help listeners navigate the complexities of accident claims. Josh also sheds light on the tactics insurance companies use to reduce payouts and how experienced attorneys can counter them effectively.

 

Timestamps:

[00:00 - 00:30] Introduction and overview of the episode.
[00:30 - 01:39] Explanation of comparative negligence vs. contributory negligence.
[01:39 - 02:18] How courts determine comparative fault in multi-party accidents.
[02:18 - 04:06] Key evidence in car accident claims: real-life examples.
[04:06 - 05:35] Role of dashcams and traffic cameras in proving fault.
[05:35 - 07:33] Disputing fault and the role of property damage arbitration.
[07:33 - 09:06] Insurance tactics to reduce payouts and negotiation challenges.
[09:06 - 11:00] Examples of multiple defendants and strategies to maximize compensation.
[11:00 - 12:02] The impact of insurance company lobbying in California.
[12:02 - 13:40] A real-life case where comparative fault led to a better settlement outcome.
[13:40 - 15:10] Pre-judgment interest and its benefits for accident victims.
[15:10 - 16:10] Advice for accident victims sharing partial fault in an accident.
[16:10 - 16:50] Closing remarks and invitation to connect with Josh Moody.

 

About the Show
The Moody Lawyer is a legal podcast hosted by attorney Josh Moody, offering practical insights and expert advice on navigating the complexities of the law. With each episode, Josh tackles real-world legal issues—from personal injury and car accident claims to business disputes and estate planning—breaking them down in an approachable and engaging way. Featuring guest experts and real-life case studies, the show provides listeners with valuable tools to understand their rights, protect their interests, and make informed decisions in legal matters. Whether you're facing a legal challenge or just curious about the law, The Moody Lawyer is your guide to demystifying the legal system.