Car accidents are a constant threat to drivers, passengers and pedestrians on California’s roads every day. When an accident occurs, determining who is at fault is a crucial part of the legal process. Being able to determine fault helps insurers, law enforcement and the court to decide which party should pay for damages and injuries. California’s law acknowledges that accidents are often the result of the actions of all involved parties. Therefore, the state has a complex method of determining fault in car accidents. This article explains the system of fault determination in California car accidents.
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Contributory Negligence
In California, the court uses the "pure comparative negligence" rule to determine the amount of compensation a victim can receive. This rule is based on the contributory negligence principle. Contributory negligence refers to the percentage of fault each party has in an accident. The parties involved in a car accident can be both partially responsible for an accident. So, if an accident is caused by more than one driver, the courts take into account the percentage of fault each driver is responsible for, and then apportions damages.
For example, let’s say that John is driving on a four-lane highway, and he is slightly over the speed limit when Bob, driving at the regular speed, suddenly changes lanes to take the next exit and causes a collision with John’s car. John is injured in the accident, and his car is damaged beyond repair. The court then determines that John is 40% at fault because he was driving slightly above the speed limit, and Bob is 60% at fault because he changed lanes suddenly without signaling.
In California, the driver who is deemed to be less than 50% of the cause of the accident is entitled to compensation from the other party. So, in the example above, John would receive 60% of his total damages from Bob’s insurance company
Proving Fault
The first step in proving fault is to gather evidence. Drivers involved in an accident should take pictures of the scene, including the vehicles, the damage, and the condition of the road. Also, they should obtain the contact information of all other drivers, passengers, and witnesses at the scene.
Drivers should call the police to the scene of an accident. Once the officers arrive, they will investigate and write a report that may be used as evidence in court. If an officer does not come to the scene (for minor accidents), the parties involved should fill out the California Department of Motor Vehicles (DMV) Traffic Accident Report.
Medical records of any injuries resulting from the accident will also serve as evidence in determining fault. The documentation can be used to prove that the injuries were a direct result of the accident and to estimate the cost of the damage.
It is also essential to note that California is a comparative negligence state, which means that the driver may not be entirely held liable for the accident. The determination of fault is based on what a reasonable person would have done under the same circumstances. Failing this is not a legal excuse for others who have contributed to the accident.
Expert Witnesses
Expert witnesses play a vital role in car accident cases. They bring expertise in specific areas of study to produce evidence that could clarify some disputes and prove some essential points. For instance, medical experts may support that an injury is directly the result of the accident, while an accident reconstructionist could help to establish the speed and situation of the cars and who is responsible.
Expert witnesses are vital in helping the court to understand technical details in the case, which is often beyond the knowledge base of the lawyer or a regular person. It makes the discussion more straightforward, and the judge can make informed decisions after listening to the expert evidence.
Insurance Companies in Fault Determination
Every car owner in California must have car insurance. Insurance companies, too, play a significant role in determining fault after an accident. Usually, after an accident, the driver or one of the drivers involved contacts their insurance company. The adjuster will evaluate the incident and produce a report that helps determine the percentage of fault according to the “pure comparative negligence” rule.
The adjuster will take measurements, photos, collect statements from drivers, passengers, and witnesses at the scene of the incident. Also, the insurer will review the police report, look at medical records, and evaluate all related evidence.
Final Thoughts
Accidents are not what anyone expects to happen, but when they do, determining fault is critical in awarding claims. Individuals involved in an accident should know how car accident fault determination in California works. It is advisable to gather as much evidence as possible, have a clear understanding of contributory negligence, and seek legal representation to protect their rights. The process of determining fault is subjective, often complex, so an experienced lawyer could be invaluable to their case.