Proving liability is critical if you’ve been injured in a crash
A car accident attorney can help you fight for the maximum compensation you deserve
If you were injured in a car accident in California, you may be shaken up and frustrated. You may know very well that the other driver’s negligent actions caused your crash, but you must prove it to have a valid car accident claim.
Unlike many “no-fault” states, where there is no burden of proof, California operates under a tort system. That means the at-fault driver’s insurance company is responsible for your damages. While getting compensated for your damages might sound like a cut-and-dry process, it’s not always that simple.
Insurance companies are in business to make money, and to protect their bottom line, they don’t readily pay settlements to crash victims. And even when they do, it’s usually not sufficient enough to cover all medical expenses, lost wages, pain and suffering, and other damages.
That’s why you need a verified California car accident attorney to help you hold the at-fault driver accountable and build a strong case on your behalf.
What are the basic rules for determining fault in California car accidents?
Under California’s at-fault system, determining fault isn't always straightforward. It often involves a careful examination of the circumstances surrounding your car accident, including any traffic law violations, negligent behavior, and the actions of all parties involved.
The California Vehicle Code provides the foundation for many of the rules governing fault determination. For instance, failing to follow traffic signals, speeding, or driving under the influence are clear violations that can help establish fault.
However, other factors, such as road conditions, vehicle maintenance, and even the actions of pedestrians or other drivers, can complicate matters.
How do police reports impact fault determination?
When law enforcement responds to the crash scene, they typically create a police report. This document can be a key piece of evidence in determining fault as it often contains:
- Statements from drivers and witnesses.
- Observations of the crash scene.
- Notes on any traffic violations.
- Preliminary assessments of fault.
- A diagram showing how the crash likely occurred.
While police reports are not the final word on fault, they carry significant weight with insurance companies and can be important evidence. However, these reports can sometimes contain errors or omissions and may not always align with the final determination of fault.
It’s important to carefully review your crash report and seek help from an experienced car accident attorney if you notice anything wrong or missing. An attorney can help correct inaccurate or missing details and help you set the record straight.
What other evidence is used to determine fault in California car accidents?
The police report is just one piece used in determining fault in a California car accident. When you file your claim and get legal help, your attorney can conduct a thorough investigation into your crash. The evidence they gather can support and strengthen your claim. It typically includes:
- Physical evidence: This includes skid marks, vehicle damage, debris patterns, and the final resting positions of the vehicles involved.
- Witness statements: Accounts from eyewitnesses—such as passengers, bystanders, or other drivers—can provide perspectives on how your car accident occurred.
- Traffic camera footage: If available, video footage can offer an objective view of your car accident.
- Expert analysis: In complex cases where fault gets disputed, accident reconstruction experts may be called upon to analyze the evidence and provide professional opinions.
- Medical reports: These can provide insight into the nature and severity of your injuries.
- Cell phone records: If the at-fault driver was believed to be using a cell phone while driving, an attorney may be able to obtain cell phone records to prove they were distracted.
How do different types of accidents affect fault determination?
The nature of the car accident can often provide strong indications of fault. Here are some examples:
- Rear-end collisions: In most cases, the driver who rear-ends another vehicle is presumed to be at fault, as drivers are expected to maintain a safe following distance. However, there can be exceptions, such as when the front vehicle stops suddenly without cause (brake-checking) or has non-functioning brake lights.
- Left-turn accidents: The driver making a left turn is typically presumed to be at fault, as they're required to yield to oncoming traffic. Exceptions might include cases where the oncoming driver was speeding or ran a red light.
- Multi-vehicle crashes: These can be particularly complex, as fault may be distributed among several drivers. Each driver's actions are scrutinized to determine their contribution to a car accident.
- T-bone accidents: Fault often depends on who had the right of way, which may be determined by traffic signals, stop signs, or other traffic rules.
How does California's "pure comparative negligence" system work?
Pure comparative negligence allows injured parties to recover damages even if they are partially at fault for the accident. Under this system, each party involved in a car accident is assigned a percentage of fault based on their contribution to the incident. This percentage can range from 0% to 100%.
This means that even if you're found to be 99% responsible for a crash, you can still potentially recover 1% of your damages from the other party. For example, if you suffer $100,000 in damages but are found to be 30% at fault, you would be eligible to recover 70% of your damages, or $70,000.
Having an attorney is crucial in navigating California's pure comparative negligence system because determining fault and calculating damages can be complex. A lawyer can advocate on your behalf to ensure that fault is accurately assigned and that you receive the maximum compensation possible. They can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
How to protect your rights in the event of a car accident
After a car accident in California, you can do your part to safeguard your rights and help build your potential legal case. It helps to take photos of the crash scene. That includes vehicle damage, the accident site, street signs, traffic signals, skid marks, and any visible injuries you may have sustained.
If you haven’t already done so, it’s advisable to seek immediate medical attention, even if your injuries seem minor. You can never be too careful when it comes to your health, and some injuries may not be apparent in the immediate aftermath of the crash. Seeking prompt medical attention also creates an official record of your car accident injury.
Throughout the course of your case, be sure to maintain a file of all crash-related documents, including medical bills, vehicle repair estimates, pay stubs, and a journal documenting your pain and suffering.
Lastly, follow all medical and legal advice to avoid jeopardizing your case. That includes regularly attending medical appointments and never providing a recorded statement to the other driver’s insurance company without an attorney present.
Contact a California car accident attorney today for a free consultation
If you've been injured in a car accident in California that wasn’t your fault, you deserve fair compensation for your injuries and damages. The insurance companies may attempt to push you around, shift the blame onto you, and offer a quick lowball settlement to make your case go away. However, a verified California car accident attorney can stop them in their tracks and fight to maximize your settlement or court award.
Car accident attorneys in California work on a contingency fee basis, meaning you don’t pay any upfront costs, and they only get paid if they win your case. Plus, they offer free initial consultation so that you can discuss your case without any financial commitment. Don't let uncertainty or financial concerns prevent you from seeking the legal help you need after a serious crash. Fill out the contact form, and a verified California attorney will get back to you with the next steps.
