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Who is At Fault For Your California Auto Accident?

By Lisa LeeFebruary 21, 2024No Comments

Determining liability in California is integral to a car accident injury claim. With that said, the burden to place fault and gather sufficient evidence to prove the at-fault party’s liability falls on the victim and their attorneys. The winning car accident attorneys at Walton Law, A.P.C. have the necessary resources and legal knowledge to determine liability and the best way of pursuing compensation.

Determining Fault Following a Car Accident

Insurance companies will look at the facts and evidence following an auto accident to determine the degree of fault. The insurance adjuster will look at the police report, medical records, and the accident scene for making a settlement offer. There are multiple factors that may muddy the process of determining fault.

For instance, if the crash occurred at a busy intersection, it may be difficult to show for a fact that you had the right of way and the other driver caused the accident. The police officer may place the blame on you if there are no eyewitnesses to the accident. This can occur even if the other driver is at fault.

An experienced and successful car accident attorney, someone who has been through the legal battlefields before and walked away unscathed, can investigate the case and prove fault. Attorneys have a deep understanding of the different types of evidence required for substantiating a compensation claim.

Prove Liability in a Car Accident

You need evidence to minimize your fault while proving fault of the responsible party. These are a few things that can help your attorney place blame and determine fault:

  • Eyewitness statements: Credible witnesses play a vital role in establishing fault
  • Surveillance footage: Check if any nearby businesses or homes had their cameras pointed at the accident site
  • Dashboard cameras: There may be other cars or trucks with a dashboard camera that caught the entire collision

California is a Fault State

California is an at-fault state requiring drivers to carry sufficient liability insurance. State insurance laws require drivers to have enough insurance to cover:

  • $5,000 for property damage
  • $15,000 for physical injuries
  • $30,000 for bodily injuries of multiple parties

California follows pure comparative negligence, which means that fault can be shared between multiple parties. The amount of compensation you are entitled to can be reduced by the extent of your fault. The compensation you receive depends on whether you can be held responsible for the accident or not.

Damages awarded to you may be reduced by the percentage of your fault. In fact, the other driver may be able to recover damages from you, even if your liability is less than theirs. For instance, if the jury finds you to be 30% at fault for the car accident, the other driver will only pay 70% of the damages.

This makes it important to consult with a seasoned car accident attorney with a deep understanding of the law.

Discuss a Winning Legal Strategy with our Attorneys to Maximize Damages. Call Now.

If you or a loved one were injured because of the fault of another driver, don’t let California’s at-fault insurance system reduce the compensation amount you are entitled to. The dedicated and excellent car accident attorneys at Walton Law, A.P.C. have helped countless victims by employing sound legal knowledge and necessary resources for gathering evidence to prove fault and maximize damage.

To schedule your free consultation, call us at (866) 338-7079 or fill out this online contact form.