Determining Liability in Car Accidents: How Fault Is Established

Car accidents can be a traumatic experience, and determining liability is often a complex process. In the state of California, the concept of comparative fault plays a crucial role in establishing who is responsible for a car accident and how much compensation each party is entitled to. In this blog post, we will explore the basics of California's comparative fault law, how it impacts your personal injury claim, and the importance of seeking legal representation from experienced attorneys.

What Is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal principle that apportions responsibility for an accident between the parties involved. In California, each person is responsible for the results of their actions, and the amount of their liability is in direct proportion to their degree of negligence. This means that if you are involved in a car accident, your compensation will be reduced by the percentage of fault attributed to you.

How Does Comparative Fault Affect Your Car Accident Claim?

When you file a personal injury claim after a car accident, the insurance adjusters and the court will determine the percentage of fault for each party involved.

This can be done by evaluating various factors, such as:

  • The police report and any citations issued
  • Statements from witnesses and the parties involved
  • Physical evidence from the accident scene, such as skid marks, vehicle damage, and debris
  • Expert testimony from accident reconstruction specialists

Once the percentage of fault is determined, your compensation will be adjusted accordingly. For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%. This applies to both economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering.

How Can an Attorney Help with Your Car Accident Claim?

Understanding and navigating California's comparative fault law can be challenging, especially when dealing with the emotional and physical aftermath of a car accident.

An experienced personal injury attorney can help you in several ways:

  • Investigating the accident to gather evidence that supports your claim and minimizes your percentage of fault
  • Consulting with experts to reconstruct the accident and provide testimony on your behalf
  • Negotiating with insurance adjusters to ensure your claim is fairly evaluated and you receive the compensation you deserve
  • Representing you in court, if necessary, to advocate for your best interests and protect your rights

By seeking legal representation from a knowledgeable attorney at Levitt, Leichenger & Aberle LLP, you increase your chances of receiving the maximum compensation for your injuries and losses. In our more than 25 years of representing injured Californians, we have recovered more than $200 million on their behalf. We can help you navigate the challenges and liability issues of your car crash case.

Contact us at (323) 524-2400 today for a free consultation to discuss your case and learn how we can help you receive the compensation you deserve.