When a car accident happens, usually one of the drivers calls the police. According to California Vehicle Code 20008, drivers are required to report the incident to police within 24 hours of being in an accident. If the drivers involved in the accident are unable to contact law enforcement, then other drivers will typically call it in.
Police will file a police report of the accident, which details what the officer can see at the scene of the accident and determines fault based of the officer’s current evidence. The police report plays a large role in determining fault in your accident as it is the officer’s duty to hand out tickets to any driver who violated the law. A law violation in an accident typically makes assigning fault in an accident very easy.
The drivers involved in the accident have a responsibility to notify their insurance companies of the accident. The insurance companies will then assign the claim to one of their insurance adjusters. The insurance adjuster will talk to both parties involved, and review the police report and medical bills. Once the adjuster has reviewed all the evidence, then they will assign fault for the accident.
However, it is important to note that insurance companies do not have the final say in who is at fault. Ultimately, fault can only be assigned by a judge or a jury in court. If you disagree with the fault determined by the insurance adjuster, you can always dispute the claim in court.
What are California Fault Laws?
When multiple parties are involved in a car accident, you may end up taking partial blame for the accident. However, you will still be able to collect damages, according to California’s Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if you’re awarded damages while accepting partial blame, your damages will be reduced by the percentage at which you are found at fault. However, when it comes to your insurance premium, your rate will most likely go up if you’re found to be 51% or more at fault.
For liability reasons, it is advisable to partner with a personal injury lawyer to help eliminate or reduce your percentage of fault, especially if you feel fault has been mistakenly assigned to you. Our accident attorneys at Maison Law will work to keep your percentage of blame as low as possible. And we will demand that all blame be removed if you weren’t at fault in any way for the accident.
Common Causes of Car Accidents in California
According to California Highway Patrol, there were nearly 150,000 people injured in car accidents in 2020 alone. While most car-on-car accident only involves two parties’ insurance policies, there could be multiple passengers who may seek damages from the accident. For that reason, it is pertinent to determine the liable party, so you know who’s insurance is responsible. In most cases, the cause of your accident typically reveals the liable party. Common causes for car accidents in California include:
- Driver fatigue
- Speeding
- Distracted driving
- Tailgating
- Defective parts
- Equipment failure
- Weather conditions
- Intoxication or substance abuse
- Poor road conditions
- Road rage
What is the Typical Compensation for a No-Fault Car Accident in California?
There is no average compensation when it comes to car accidents. The value of each case is dependent on the severity of your injuries and how much they’ve altered your life. For example, let’s say you suffered a broken leg from a car accident and were out of work for 6 to 8 months. Your compensation would reflect the cost of medical treatment received, lost wages, and non-economic damages such as anxiety, depression, and loss of enjoyment of life.
Whatever value your attorney and the insurance company agree upon to reflect all of those damages will end up being the compensation you receive. However, if you are not satisfied with the amount of compensation, you can look to settle in court. Taking the insurance company to court is where having a reputable accident attorney in your corner can save you enormous amounts of stress.
Contact a California Accident Lawyer in California
If you or a loved one have suffered injuries due to a careless driver, the Maison Law accident attorneys can help you obtain the compensation you need to get your life back. We know how traumatic and overwhelming a car accident can be, but our team of experienced personal injury lawyers are here to support you through the legal process every step of the way. Contact Maison Law for a free consultation and case evaluation. Our firm does not charge any upfront fees for our legal services and you won’t pay a cent unless your case it won.
