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The short answer to this question is that the party responsible for the accident is generally liable for the resulting damages in California. California follows an at-fault system, although fault may be shared among multiple parties under the state’s comparative negligence rules. Every collision is unique, and determining responsibility involves evaluating evidence, witness accounts, and relevant traffic laws.
The National Highway Traffic Safety Administration reports that approximately 36,120 people died on American roads in car accidents in 2019, a number that is consistent from year to year across the country. Of the 30 to 40 thousand Americans killed in car accidents every year, 3,904 were killed, and 277,160 people were injured in California in 2017. Every year, hundreds of thousands of California residents file legal claims seeking compensation for their injuries and losses resulting from a crash.
These claims seek compensation for property damages, medical bills, lost wages, and pain & suffering. If you have been in a car accident, our California car accident lawyers at Arash Law can help manage the process and work to build a well-supported case.
Our attorneys have been advocating for the rights of individuals injured in collisions throughout California. Contact Arash Law at (888) 488-1391 for a free case review to discuss your situation.
Determining Fault In A Car Accident
Determining fault in a car accident can be challenging. Conventional rules suggest that the party that violates the law or is at fault will be held responsible for the damages. In many states (including California), this is the case. The information gathered after a collision can help clarify how the accident occurred and identify potentially liable parties.
Document as much as you can. Police reports and other records can also become part of the evidence used to determine responsibility. In many cases, notifying the police can result in the creation of an official report that can help document the details of the crash.
You can request a copy of the California Highway Patrol report of the accident, or your lawyer can do that for you. It’s also crucial to file a report with the DMV within ten days of the accident. You, or someone you love, can file the DMV accident report online if that is easier.
In some collisions, injuries may seem minor, and the damage may appear minimal. However, California’s reporting standards are low. During a car accident, adrenaline is high, and you or your passengers may not feel pain when an injury occurs. You may not even feel it until the next day. Drivers involved in a collision may have different perspectives on whether to notify the police, but an official report can help document what occurred.
A police report or a report from a crash investigation unit can create an objective record of the incident, which may help determine how the collision occurred. There are certain steps to take when you have been involved in a car accident:
- Notify the authorities. For California Highway Patrol, call 1-800-TELL-CHP (1-800-835-5247).
- Call 911 if there are injuries, as you will be able to report to both the police and ambulance at the same time.
- Write down the information of all other parties involved in the accident, including any injured passengers, pedestrians, or bicyclists. Record their names, phone numbers, driver’s license numbers, license plates, and vehicle identification numbers if you can. Ask for their insurance information.
- Document as much of the scene as you can. Take photographs of every angle of the scene, traffic lights, intersections, and the shoulders of the roads. Take photos of injuries, passengers, and witnesses whenever and wherever possible.
- Do not accept any offers to settle the damages early or until you have talked to a lawyer. Document any offers to settle.
- Inform your auto insurance company promptly. Your first call here is just to report the accident.
- Consult with a personal injury lawyer with experience handling car accident cases.
When you have been injured in a car accident, the experience can be traumatizing. Our attorneys at Arash Law will conduct a thorough investigation and gather evidence to identify potentially liable parties and help you hold them accountable for your injuries and losses.
We provide comprehensive legal support throughout your case and will represent your interests before the at-fault parties, insurers, and, if needed, the jury. Reach out to our personal injury attorneys at Arash Law at (888) 488-1391 for a free initial consultation. We will advocate for your rights to pursue compensation.
Causes Of Driver Negligence Or Misconduct
Responsibility for a car accident can sometimes be clear, such as when a driver is charged with a moving violation, like drunk driving, speeding, or distracted driving. However, in other cases, determining fault may be more complex.
Possible causes of driver neglect or misconduct include:
- Drinking and Driving, Driving Under the Influence — Violation under the California Vehicle Code Section 23152.
- Speeding — Violation of California Vehicle Code 22350.
- Texting and Driving — Prohibited under the California Vehicle Code 23123.5.
- Distracted Driving — Examples include reading maps, eating, reaching onto the floor, applying makeup or shaving, reaching for items in the back seat, or grabbing your handbag or briefcase.
When it comes to citations or charges for this misconduct, the law is clear. When an individual drives in a way that could reasonably be concluded to endanger people and property, they may be held responsible for the accident. Distracted driving is a common factor in many cases, and evidence of such behavior is often used to help determine liability and establish negligence in a car accident claim.
Simple admission from another driver, such as “I was just reaching for something,” can be strong evidence in establishing negligence. However, if you were also doing something risky (like reaching for something) when your accident happened, you may be found partially responsible for the crash.
This is because California follows comparative fault laws. This means that if both drivers made mistakes, the responsibility and costs for the accident are divided between them based on each person’s level of fault.
When pursuing an injury claim, issues may arise, including low settlement offers, disputes over liability, delays, and claim denials. Our car accident attorneys can help address these challenges and handle the legal work on your behalf, allowing you to focus on your health. Contact us at (888) 488-1391 for a free case review.
What Is The Difference Between No-Fault And At-Fault?
The main difference between no-fault and at-fault states involves how injury claims are handled. In no-fault states, drivers typically turn to their own insurance for medical coverage through personal injury protection, regardless of who caused the crash. In at-fault states like California, the driver whose negligence caused the accident may be held responsible for the damages. Fault can also be shared under comparative negligence rules, which allow responsibility to be divided based on each party’s degree of fault.
No-Fault Car Accidents
In no-fault states, each driver’s own insurance covers their medical expenses through personal injury protection (PIP), regardless of who caused the crash. Property damage claims still follow fault rules. Drivers in these states are required to carry PIP coverage.
There are currently 12 states that are no-fault states, along with. Puerto Rico. The states that are currently no-fault include:
- Florida
- Michigan
- New Jersey
- New York
- Pennsylvania
- Hawaii
- Kentucky
- Kansas
- Massachusetts
- Minnesota
- North Dakota
- Utah
At-Fault Car Accidents
In at-fault states, the driver whose negligence caused the accident is generally responsible for the resulting damages. Fault may be shared among multiple drivers, and liability is determined based on each party’s degree of negligence.
States use different negligence systems to decide how fault affects financial responsibility. These systems include contributory negligence, pure comparative negligence, and modified comparative negligence, depending on the state. Under comparative negligence rules, responsibility for an accident may be divided among the parties based on their share of fault.
How Negligence Is Determined
When the responsibility for a car accident is disputed, a judge or jury evaluates the evidence to determine each party’s share of fault. In California, comparative negligence rules apply when a defendant claims that the plaintiff contributed to the accident. Because comparative negligence is an affirmative defense, the Judicial Council of California Civil Jury Instructions stipulate that the defendant has the burden to show that the plaintiff was at least partially negligent.
If a case proceeds to trial, the judge or jury assigns a percentage of fault to each party based on the facts presented. Even if the plaintiff is partially at fault, they can still pursue damages, but their percentage of responsibility reduces the total award. For example, if a plaintiff is alleged to have been speeding, the defendant must demonstrate that the speeding occurred and contributed to the collision.
The jury evaluates all available information to determine whether any negligence should be attributed to the plaintiff and, if so, how much. Once the percentages of fault are assigned, the damages awarded are reduced according to the plaintiff’s share of responsibility. For example, if the compensation is $100,000 and the plaintiff is found 10% at fault, the recoverable amount would be $90,000.
Comparative negligence often becomes an issue in contested car accident cases, particularly when fault is not clear and both parties present differing accounts of what happened.
Your car accident lawyer can help you navigate the process and assist you in gathering evidence to support your claim. At Arash Law, we’ve been advocating for the rights of car accident victims for years. We work to build and present a well-documented case to help support your claim. Call our California motor vehicle accident attorneys at (888) 488-1391 for a free case assessment.
Car Insurance Follows The Car
A common question regarding responsibility and fault in car accident cases is, “Does insurance follow the car or the driver?” In most situations, auto insurance follows the car. If a friend or family member borrows your vehicle with permission, the vehicle owner’s policy generally acts as the primary insurance for any covered damages.
Additional insurance may also apply. When someone else is driving your car, the owner’s insurance typically provides primary coverage, and the driver’s personal policy may provide secondary or excess coverage if the primary limits are reached. For example, if the damages total $30,000 and the owner’s policy covers up to $25,000, the driver’s insurance may apply to the remaining amount.
If your vehicle is stolen and involved in a collision, you are not liable for the thief’s actions. Liability coverage does not apply to unauthorized drivers, and damage to your vehicle may be covered only if you have comprehensive insurance. When an accident involves someone driving a vehicle owned by another person, multiple insurance policies may be involved, making the situation complex. If your accident involved a situation where someone else was driving someone else’s car, a car accident lawyer can help explore your legal options.
Disclaimer:
Insurance coverage and liability vary depending on policy terms, state laws, and the specifics of the accident. This information is general and may not be applicable to every case. For personalized advice, review your policy and consult an insurance professional or attorney.
Injured In A Crash? Consult With Our California Car Accident Attorneys
When you have a car accident in California, responsibility for the damages is determined by each party’s degree of fault. In some cases, the fault is clear, while in others it may require a careful review of the evidence. These situations can be stressful and complex, and legal guidance can help you understand your options and navigate the process.
Our lawyers provide personalized legal representation to help you pursue compensation from the at-fault parties. Settlement offers can vary, and some may not account for the full extent of your losses, depending on the circumstances. We can help you understand your options and evaluate any offers on your behalf. If you’ve been injured in a collision in California, whether it’s a minor fender bender or a fatal car crash, our car accident lawyers are ready to assist you. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form here for a free initial consultation.
