How to Determine Fault in a California Car Accident

California follows what is known as a fault-based system for car accidents. This means that a driver who caused the accident is liable for resulting damages. This system allows a surviving victim to seek compensation from the insurance company associated with the at-fault driver or by filing a personal injury claim.

California drivers are eligible to receive the full extent of their damage compensation so long as they can prove the other driver’s negligence. Proving fault, however, may be challenging if you’re not familiar with the process or how to go about it.

How Do I Prove Fault in California?

When it comes to proving negligence in California, multiple factors may indicate that the other driver is responsible for the accident. This can include things such as distracted driving, violations of traffic laws, and speeding. In some cases, comparative negligence may come into play, which may reduce your eligible compensation if you are considered partially at fault. However, even if you are found partly responsible for the accident, you could still recover compensation depending on your degree of fault. For example, if it is determined that you were 15% responsible for the accident, your total compensation would be reduced by 15%.

This makes it extremely important to identify an experienced personal injury attorney to help guide you through the process when determining fault for an accident. Identifying fault often falls down to proper identification and presentation of evidence. Your lawyer may be able to help you gather associated evidence with your injury claim.

If you are able to get contact information for eyewitnesses at the scene, this can become evidence as well as any photos or videos. Your attorney may also investigate the accident scene for any other potential evidence that can help to bolster your allegations. While it can be challenging to allege fault associated with things such as distracted driving, working with the right attorney can make a big difference.

Common Negligent Actions in Car Accidents

There are many actions that can put you in harm’s way when it comes to a California car accident. More than one may apply depending on the specifics of the accident itself. Here are some common causes of car accidents in California that may be connected to your claim:

• Distracted driving
• Drunk driving/driving under the influence of drugs
• Drowsy driving
• Aggressive behavior
• Speeding

Certain signs at the accident may give clues as to what played a role in causing the accident. Frequently, accident victims simply know that they were hit, so finding an attorney familiar with investigating these accident scenes can benefit you.

What if the Other Party Says I’m Partly at Fault in a California Crash?

If the other party alleges that you are partially or fully at fault, your attorney will also need to be aggressive in the preparation and presentation of this evidence. The determination of fault is extremely important for ensuring you receive maximum compensation for your injuries and the sooner you can take action by hiring the right lawyer, the easier this will be for you to remain focused on your recovery.

What if the Insurance Company Delays or Denies My Claim?

There are a few parties that could be involved in reviewing your personal injury claim, and one of them is an insurance adjuster. That person is responsible for reviewing all the specifics of the accident and even making a settlement offer. With accidents involving catastrophic injuries, however, it is often the case that you want a lawyer on your side to help tell your side of the story. If the insurance adjuster unreasonably delays or denies your claim, your lawyer can step in and advocate for you to ensure your case gets back on track.

Your lawyer can also negotiate with the insurance company to fight for a fairer settlement for you. If your attorney and the insurance company cannot come to terms, or if the other side continues to push that they are not liable for the accident, your lawyer will take the case to trial. This is why it’s critical to find a lawyer who is equally experienced in both aspects of case resolution to ensure you’re set up well no matter how the case unfolds.

Let our California personal injury law firm help you with your car accident claim. Contact us today for more information.