California is an at-fault state. This means the at-fault driver in a car accident is responsible for covering damages, including injuries and property damage, incurred by all parties involved in the accident. For that reason, it is important to consult with a car accident attorney to protect your liability and right to compensation.
How California’s Fault Law Impacts 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 will have to pay the other party 60% of their damages. The statute details shared fault in the following statement:
“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.”
According to this law, if you violate your “duty of care” and injure another driver in an accident, you can be held liable for paying “Compensatory Relief” to the injured party.
How Does Fault Law Determine Fault for a Car Accident in California?
California law determines fault in a car accident through the law of comparative negligence. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, as well as have their compensation reduced by their percentage of fault. This legal action is covered under the 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 were partially at fault, but still got injured, you still reserve the right to compensation.
How to Prove Fault in a Car Accident in California
To establish that a driver was careless and caused your accident, you would need to prove the following:
- Duty of care: the other driver has a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Breach: the driver failed to uphold their duty of care toward other drivers
- Cause: the driver’s carelessness was a direct cause of the accident
- Damages: You suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
These elements of carelessness appear relatively straightforward. However, proving these careless acts to an insurance company takes legal experience and the expertise of a car accident lawyer.
How Police Assign Fault for an Accident in California
Police officers called to an accident will attempt to capture as much information as they can about the accident. At first glance, they’ll look to see what happened leading up to it, how it started, and who was the likely at-fault party. While determining fault at the scene of the accident, police officers will look at the following:
- Evidence at the scene:
- Tire marks
- Road damage
- Vehicle damage
- Eyewitness statements
- Appearance and behavior of both drivers
- Whether a citation has been issued to either driver in the past (speeding, tailgating, DUI, or other concerning violations)
- Any other available evidence such as street cameras, dash cams, or photos
After an investigation, police will issue citations for any violations committed by either driver. Citations can be harmful to both drivers in an accident case. However, guilt of a traffic violation is only settled after a ruling, conviction, or the payment of the fine without pleading “nolo contendre.” So, if you are given a citation, but feel it was unwarranted, you do not have to admit fault. Contact an accident attorney to help you build your case and protect your liability.
Contact an Accident Attorney in California
If you or a loved one have suffered injuries due to the carelessness of another driver in California, the accident attorneys at Maison Law can help you obtain the compensation you need. At Maison Law, we know how stressful and overwhelming determining fault in a vehicle accident can be. Our experienced accident attorneys are standing by to answer all of your questions and ease your concerns. Contact us today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
