The good news is that you won’t typically have to be the one who has to determine liability after an accident occurs. Even if you are seeking to recover compensation for your losses because another driver caused the crash, the role of determining liability typically falls to the insurance carrier and, if needed, a judge or jury. However, it is helpful to know what elements go into determining liability after a California car accident happens.
California’s Fault System
California follows an at-fault system for car accidents, meaning the person responsible for causing the accident is liable for the damages. This system differs from “no-fault” states, where each driver’s insurance typically covers their own damages, regardless of who is at fault.
In California, insurance companies play a significant role in investigating accidents to determine who is responsible. They rely on various forms of evidence to piece together what happened, including police reports, witness statements, and physical evidence from the scene.
Key Evidence Used to Determine Fault
The determination of fault typically involves gathering the following types of evidence:
- Police Reports. Police reports are often one of the first pieces of evidence reviewed by insurance companies. These reports include details from the scene, observations made by officers, and any traffic violations that may have occurred. Although police reports are influential, they are not the final word, and insurance companies may conduct their own investigations.
- Eyewitness Testimonies. Statements from witnesses who saw the accident can provide valuable insights. These witnesses could be other drivers, passengers, or bystanders who observed what led to the collision.
- Photographs and Videos. Visual evidence from the accident scene, such as pictures or dashcam footage, can help recreate the events leading up to the crash. This evidence is especially useful for determining the positions of the vehicles and the point of impact.
- Traffic Violations. If one driver was cited for a traffic violation – such as speeding, running a red light, or failing to yield – that evidence can weigh heavily in the fault determination. Violating traffic laws often suggests negligence, making the driver liable for the crash.
California’s Comparative Negligence Rule
California follows a pure comparative negligence rule, meaning that more than one party can be found partially responsible for a car accident. Each party’s level of responsibility is expressed as a percentage, and the compensation they can recover is lowered by amount of the fault.
We know that can be hard to understand at first. Imagine if a jury found you to be 30% at fault for an accident. You can still recover 70% of the monetary compensation. This system allows even those who bear some responsibility for a crash to seek compensation, though it also means their settlement will be reduced according to their percentage of fault.
The Role of Insurance Companies
Insurance companies may proceed with their own investigations to determine liability. Their adjusters will look at all the evidence, including the police report, witness statements, and any photographs from the scene. However, it is important to remember that insurance adjusters represent their company’s interests, which may not always align with yours. This is why having legal representation can be crucial when dealing with insurance companies.
If you disagree with the insurance adjuster’s assessment of fault, you can contest their decision by providing additional evidence or filing a lawsuit.
What Happens if the Case Goes to Court?
In some cases, if the parties involved cannot agree on who is at fault or how much compensation should be paid, the case may go to court. During a trial, a judge or jury of peers will evaluate the evidence and decide who is responsible. The court will also apply California’s comparative negligence rule to determine how much each party should be compensated.
Protecting Your Rights After an Accident
Determining fault after a California car accident can be a complex process involving the review of multiple forms of evidence and the application of the state’s comparative negligence rules. Insurance companies, police reports, and potentially the courts all play a role in assigning fault. If you have been injured in an accident, understanding these processes and securing experienced legal representation can help you get the monetary compensation you deserve.
