What to Know About Fault Determination After a California Car Accident

In car accidents that happen in California, determining fault can be a challenge. However, fault determination plays an important role in the success of your claim for compensation. Determining and proving fault is necessary, so you have a party to blame and pay for your injuries. A legal consultation with a skilled car accident attorney should be your first step toward securing compensation. Your attorney will help you determine fault and prove liability. 

Importance of Evidence in Fault Determination

When it comes to fault determination following a car accident, evidence is king. This evidence will paint the full picture for law enforcement and insurance companies. Usually, police reports offer an official account from the police on what occurred at the crash scene. Also, witness statements have a serious impact on a car accident case. such personal accounts can provide vital information that may not be clear from physical damage. Sometimes, such documents disclose violations like running a red light. 

Comparative Negligence

Sometimes, a car accident can happen due to the fault of more than one party. Indeed, both drivers can be negligent enough to share fault. So, if you contributed to the accident, your monetary compensation will be decreased by your fault percentage. 

Kinds of Fault

Below are various kinds of fault that may come into play in California car accidents:

• Negligence. A person can be negligent if they fail to exercise reasonable care while behind the wheel. For instance, texting while driving and causing an accident shows negligence.
• Recklessness. This occurs when a driver deliberately disregards the safety of others. This includes causing an accident after racing on the highway.
• Intentional misconduct. This takes place if a driver deliberately acts and causes a collision. An example is when a driver runs a red light intentionally and causes an accident. 
• Strict liability. This refers to instances where a motorist is considered at fault automatically, whether they were reckless or negligent. Strict liability applies when a motorist hits pedestrians on crosswalks.

Fault determination in car accidents may not be straightforward since a lot of factors can contribute to the incident. For instance, both motorists involved may share fault for causing the accident if they were not paying attention or speeding. A comparative fault system in the state is used to determine every driver’s fault percentage. Under such a system, damages awarded to an injured party are based on the percentage of fault of both drivers.