California uses a negligence and comparative fault system when determining car accident fault. What does that mean for your car accident claim?
When you sustain injuries from an accident, it is natural to look for someone to blame. Many people going through recovery feel the need to assign blame in order to have closure for their trauma. California’s system of comparative fault means that identifying the at-fault person is also important for the outcome of your personal injury claim for financial damages. Due to the complexity of California motor vehicle accident and personal injury law, it is highly recommended that you retain a skilled car accident lawyer to help you successfully navigate the system, protect your legal rights, and maximize the financial compensation that you are awarded.
What is California’s Car Accident Fault System?
California is an at-fault state. This means that victims of car accidents can seek compensation from the person or driver responsible for their accident. Specifically, California uses a comparative fault system to determine liability for car accident damages, which states that more than one person can be found responsible. If you are found to be partially at fault for the collision, any compensation you are awarded will be reduced by your own percentage of fault, if any.
For example, perhaps a Court determines that you were 25% at fault for a vehicle collision, and the other driver was 75% at fault. If you are awarded $50,000 in damages, you will ultimately receive only 75% of that amount, which is $37,500.
In an at-fault state like California, it is the responsible at fault party’s insurance company that must pay for the injuries and other damages you sustain in the car accident. However, if the insurer offers an amount which is not sufficient to cover the expenses and pain and suffering that you have incurred as a result of the car accident, you may also have the option to file a lawsuit to recover just and proper compensation.
Determining Fault in California
It is essential that fault is determined in California because of the state’s system of comparative fault. Compensation will be decided upon by considering factors such as the damage sustained, each party’s role in the causation of the accident, and any negligence of the at-fault driver.
Proving the other party acted negligently relies on demonstrating they had a duty and that they failed to act in accordance with that obligation. Essentially, every driver must exercise reasonable care and caution while operating their motor vehicle. Aggressive driving, distracted driving, and failure to properly upkeep your vehicle’s maintenance may all constitute negligence, especially if they are so severe as to have caused the accident.
Drivers must also follow the rules of the road and California laws that dictate safe and proper driving. So, speeding, driving under the influence of drugs or alcohol, running red lights, or any other driving behavior that violates the law may be considered negligence.
Common Law Negligence Is Used To Determine Fault In California Car Accidents
Common law negligence in the context of California car accidents refers to the legal principles and standards used to determine fault and liability in car accident cases based on established common law principles. Common law negligence generally involves four key elements that a plaintiff (the injured party) must prove to establish a negligence claim in California:
Duty of Care: The first element involves demonstrating that the defendant (the at-fault driver) owed the plaintiff a duty of care. In California, all drivers have a legal duty to operate their vehicles in a reasonably safe manner and adhere to traffic laws and regulations. This duty extends to other road users, such as pedestrians and cyclists.
Breach of Duty: The plaintiff must show that the defendant breached their duty of care. This typically involves demonstrating that the defendant acted in a manner that fell below the standard of care expected of a reasonably prudent person under similar circumstances. This breach could involve actions like speeding, running a red light, or failing to yield the right of way.
Causation: The plaintiff must establish a direct link (causal connection) between the defendant’s breach of duty and the injuries or damages suffered by the plaintiff. In other words, the plaintiff must prove that the defendant’s negligent actions were the proximate cause of the accident and subsequent injuries.
Damages: To pursue a negligence claim, the plaintiff must have suffered actual damages, which can include physical injuries, property damage, medical expenses, lost wages, pain and suffering, and other losses resulting from the accident.
In California, comparative negligence principles apply. This means that even if the plaintiff is partially responsible for the accident, they may still be eligible for compensation. However, the plaintiff’s recoverable damages may be reduced in proportion to their degree of fault. California follows a “pure comparative negligence” system, which allows a plaintiff to recover damages even if they are 99% at fault for the accident, but their compensation is reduced by their percentage of fault.
How is Fault Determined by Insurance Companies in California?
When insurance companies determine fault after an accident, they perform an accident investigation and use many sources of information to come to a decision. They could collect statements, examine medical records, watch video camera footage, and review police reports to make a determination. They can also seek data from the onboard computers of the vehicles involved. The car insurance company may decide that multiple drivers or people were partially at fault, or liability for the accident may lie with only one individual.
When adjusters or representatives from the insurance provider review the evidence, they will be looking for signs that determine which driver caused the accident. There are some common scenarios that sometimes have similarly assigned fault. For example, in many rear-end accidents, the driver who rear-ended the stopped or slowed vehicle is often found to be at fault. Driving under the influence of drugs or alcohol is also a good way to be assigned liability for a car accident. Other driving behaviors that often suggest fault include the following:
- Driving while texting or using a cell phone
- Speeding
- Running a stop sign or red light
- Tailgating and other aggressive driving behavior
It is important to understand that even if you are found to be partially at fault, you may still be awarded damages for the accident if you were less responsible than the other party. While any compensatory award you receive will be reduced by your percentage of fault, it is also possible that you will be responsible for that same percentage of the other driver’s damages. If you are found to be 25% at fault, your compensation will be reduced by 25%, and you may need to cover 25% of the other driver’s damages.
Some negotiation is usually necessary to reach a settlement amount that is sufficient for your losses; however, sometimes, an agreement cannot be reached. If you are unhappy with the settlement offer from the insurance company, you can file a lawsuit to recover damages through the court system.
How the California Courts Determine Fault in a Car Accident
California courts primarily follow common law negligence principles when determining fault in car accident cases. Courts that must decide fault do so in much the same way as an insurance company, but a judge or jury will tend to be more objective than an insurance provider. Insurers are financially invested in the process of determining fault because if the driver they cover is found responsible, the company must cover the damages. In a Court, that bias is removed, but similar evidence is collected and reviewed to make a decision. This includes evidence such as:
- Witness statements;
- Police testimony;
- Security or traffic camera footage;
- Accident scene photos;
- Vehicle computer data;
- Statements of the parties; and
- Medical records
It is essential to provide the Court with a clear picture of how the accident has affected you so that any award you are granted will be sufficient to cover your financial losses and future physical recovery. You can request compensation for medical bills, lost wages, property damage, anticipated loss of income, pain and suffering, disfigurement, and mental anguish, among other things that are eligible for compensation in a California car accident claim.
Hiring a skilled California Car Accident Lawyer can make a substantial difference in the outcome of your California auto accident claim
It is a good idea to speak with a skilled car accident attorney in California to discuss how best to prepare your car accident claim and prepare a lawsuit should settlement negotiations with the insurance company fail. A car accident attorney can also help you accurately quantify your losses and future needs so that a fair and just compensation award can be sought. Car accident lawyers have deep knowledge and experience and know how to position your case for the best possible outcome.
We offer California Car Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover Compensation for You
At The Hassell Law Group, our legal team are experts in car accident law and personal injury law with over 85 years of combined legal experience. We stand up to aggressive insurance companies and we have a record of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our car accident clients. We work on a contingency fee basis, which means you pay nothing unless we recover. There is no risk in hiring our law firm. Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain just and proper compensation for your personal injury claim.
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The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
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