If you’re found to be at fault in a car accident in California, there can be significant consequences, depending on the circumstances. Being liable for a car accident means your insurance is responsible for covering the damages sustained by the other driver and their passengers. If your insurance policy cannot cover all the damages, then the other driver may decide to file a lawsuit against you personally.
A lawsuit can become a financial burden rather quickly, especially if the other party suffered severe injuries. However, determining fault is not always straightforward and you may have been wrongfully blamed for the accident. Accidents are complicated matters and fault could end up lying with multiple parties. So, if you are blamed for a car accident in California, it is recommended to consult with a personal injury attorney to eliminate or reduce your liability in a car accident.
How Insurance Determines Fault
Insurance companies determine fault in a car accident based on the evidence presented in the claim. That’s why it is always important to document as much about the accident as you can once it happens, so you can protect yourself from liability. It is important to note that insurance’s determination of liability is not the final verdict for your car accident. You have the right to agree with their verdict or disagree. Ultimately, only a judge and jury can decide liability.
When an insurance company is determining fault, they rely on the following information:
- Police reports: assessments or citations issued by a police officer has significant weight in determining fault in an accident claim.
- Witness statements: bystanders and passengers who witnessed the accident can provide valuable information for your claim.
- Physical evidence: skid marks, dash cams, and photos of the incident will tell a story of how the accident occurred and who was at fault.
- Driver statements: insurers will gather statements from all drivers involved.
- Accident reconstruction experts: reconstruction experts use scientific methods to analyze the evidence and determine fault.
How California’s Liability Laws Impact Car Accidents
Under Code 1714, California is a fault state. This means that even if you’re found 60% at fault for an accident, you still must pay the other party 60% of their damages. The statute states:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
If you violate your “duty of care” and injure another driver in an accident, your insurance may be responsible for the accident victim’s recovery costs. If your insurance does cover the cost, you will see a significant increase in your insurance premium. If your violation is bad enough, for example, drunk driving or street racing, you may lose your insurance coverage entirely.
Costs Owed for Being Liable for a Car Accident in California
If you are accused of reckless or careless driving and you do not take legal action to defend yourself, you can face extensive financial losses to the other party. The cost of recovery to the accident victim can be significant if you are found liable for the car accident. Depending on the circumstances of the accident, some of these costs may include:
- Medical expenses for the victim’s future and present treatment
- Other medical costs needed to facilitate their injuries such as a wheelchair, crutches, or in-home care
- Pain and suffering, which can include trauma, anxiety, depression, and loss of enjoyment of life
- Damage or destruction to the victim’s property due to the accident
- Loss of income if the victim’s injuries prevented them from working
- Wrongful death benefits, which can be claimed by the victim’s family if they lost their life in the accident
Contact a California Car Accident Attorney
If you or a loved one has been accused of injuring another driver, the experienced accident attorneys at Maison Law can help you eliminate or reduce your liability. We understand how to deal with insurance lawyers and we protect our clients from being wrongfully blamed for accidents they did not cause. Maison Law offers all victims and their family members a free, no-risk consultation. No upfront money is required and we only get paid if we win your case.
Contact Maison Law today for a free consultation and case evaluation.
