How Is Fault Determined in a Car Accident in California?

If you were recently injured in a car accident, it is natural to wonder if another driver is responsible for the incident, but how is fault determined in a car accident in California? The reality is that every accident is different, and proving fault for one accident may require very different evidence than would be required to prove fault for another. An experienced car accident attorney can help you make sense of your situation and establish fault for your damages.

How to Prove Fault for a Car Accident in California

California follows an at-fault system for vehicle accident cases. This means that when multiple vehicles are involved in an accident, whoever is at fault for causing the accident is liable for the resulting damages. You may not remember how your accident happened, or whether the fault for the accident might be disputed. Working with an experienced car accident attorney is tremendously beneficial in this situation.

The Insurance Institute for Highway Safety (IIHS) reported a total of 4,428 deaths from vehicle accidents in California in 2022. Vehicle accidents are also a leading cause of serious injuries throughout the state each year, and it’s possible for drivers to cause accidents in many ways. For example, the California Office of Traffic Safety reported that alcohol-impaired accident fatalities increased about 2% from 2021, with 1,453 deaths to 1,479 deaths in 2022.

Whether you are seeking recompense for your own damages or taking legal action on behalf of a fatally injured family member, knowing how to prove fault is crucial for success in your case. An experienced attorney can help you gather the evidence you may need to prove liability, which could include:

• The police report on the accident. This is one of the most important initial pieces of evidence for any vehicle accident case in California. It will include the responding officers’ initial findings immediately after the accident, as well as the statements made by the drivers involved in the crash.
• Photos of the scene of the crash. If you are able to do so, taking photos of the accident scene while you wait for first responders can be tremendously beneficial for proving fault. Try to take photos of your injuries, the damage to your vehicle, and the positions of the vehicles involved in the accident on the road.
• Testimony from eyewitnesses. If anyone else saw your accident happen, an attorney can secure their statements to support your case. It’s important to gather these statements soon after the accident to ensure reliability.
• Digital evidence, such as vehicle computer data, cell phone records, and traffic camera footage, if available. An experienced attorney can help you gather this evidence. For example, cell phone records could prove that the other driver was texting right before they collided with your vehicle.
• Statements from expert witnesses, such as medical professionals and accident reconstruction experts.

These are just a few examples of the types of evidence that often come into play in car accident cases throughout California. No matter how your accident happened, one of the most important things you can do to increase your chances of success with your recovery efforts is to hire an attorney. Experienced legal counsel can gather the evidence you must prove fault and guide you through the process of claiming recompense for your damages.

FAQs

Q: What Should I Do First After a Car Accident in California?

A: The first thing you should do after a car accident in California is call 911 to report the accident. State law requires drivers to report accidents that cause significant property damage, injury, or death. Reporting the accident will ensure that first responders arrive on the scene as quickly as possible, and it will also generate a police report that will be an important initial piece of evidence for your case.

Q: What Happens if I Share Fault for My Car Accident in California?

A: If you share fault for your car accident in California, the state’s pure comparative negligence law comes into effect, and you will have a fault percentage assigned. Shared fault can complicate a vehicle insurance claim, and if you file a personal injury suit, your final case award will be reduced by your fault percentage. Consult an attorney right away if you are worried that you are partially responsible for causing your recent accident.

Q: Will the At-Fault Driver Go to Jail for Causing the Accident?

A: The at-fault driver could go to jail for causing an accident if they did so by breaking the law. For example, intoxicated driving is a common cause of vehicle accidents in California, and a driver who causes an accident in this manner faces driver’s license suspension, fines, and jail time, along with their liability for the damages they caused.

Q: How Much Recompense Can I Claim for a Car Accident in California?

A: The amount of recompense you can claim for a car accident in California will depend on the severity of the injuries you suffered, whether you share fault for the accident, and whether you have hired legal counsel to assist with your recovery. It’s possible to claim compensation for any economic and non-economic damages you suffered due to another driver’s negligence or misconduct behind the wheel.

Q: Should I Hire a Car Accident Attorney in California?

A: It’s a good idea to hire a car accident attorney in California. They can gather the evidence you should prove fault for the accident, help you file a vehicle insurance claim, and assist you in building a personal injury suit if necessary for your recovery. You are more likely to succeed with your legal efforts and maximize your compensation with an experienced attorney handling your case.

Ultimately, knowing how fault is determined in a car accident in California is crucial for every driver. The legal aftermath of a car accident can be confusing, and an experienced attorney can be a valuable asset in this situation. Duque & Price can answer your legal questions after another driver has injured you, so reach out to our team today and learn how we can assist you with your case.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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