If you were in a car accident, fault in California will be determined using a comparative negligence model
What does that mean for motorists who were not at fault for the accident? Here are the key differences between at-fault and no-fault collision rules.
At-fault vs. No-fault States
When states follow an at-fault system for car crashes, it means that injured victims have the right to seek compensation from the person who was responsible for the accident. So, if you were not at fault for the accident, you can file a claim or lawsuit against the liable party to get compensation for the injuries and property damage you sustained. A lawsuit to recover damages would be a separate process from any car accident insurance claim made by either driver with the other’s insurer.
California’s comparative negligence model is slightly more complicated than that because even the person who caused the accident may still be entitled to compensation for their injuries or property damage if they were not 100% at fault.
Comparative Negligence in California
In any at-fault state, drivers who have no fault in an accident may be able to recover 100% of the damages they are entitled to. In California, the comparative negligence law means that fault can be shared by more than one involved party. What percentage of fault each driver holds will determine their compensation.
If your injuries were caused by an accident that you believe you were not at fault for, the circumstances of the car crash will be examined carefully to determine any insurance settlement or lawsuit outcome. For example, if you were involved in an automobile accident at an intersection, and you were speeding, but the other driver ran a red light, both of these factors could be used to divide fault.
A plaintiff who is found to be 10% responsible for an accident would have their compensation decreased by 10%. So, a $100,000 award would be decreased to $90,000.
What To Do After the Accident
Does comparative negligence and accident fault in California change how you should react to a car accident? No, but carefully documenting the evidence and factors of the accident will be more important in an at-fault state like California.
Document and Record
If it is safe for you to do so, record your observations of the scene. Take photos of the vehicles and accident scene, gather contact information for witnesses, and make notes with as much information as you can. Aside from being useful for any claim you make with the insurance company, evidence like this can also be helpful if you decide to hire a car accident lawyer and if you need to file a lawsuit later on.
Photos of the scene of the car accident, of all the vehicles involved and their damage, and of any visible injuries may all be of use. If you can, write down or take notes on your phone, including everything you can recall. If you wait until later to record what happened, you may forget key details. Try to include things like the following:
- Anything said by anyone at the scene;
- Exactly when the accident happened;
- Which street or intersection and in which direction all vehicles were traveling;
- Estimated speed of both you and other drivers; and
- Any factors that could have caused the accident or been a partial factor
Careful documentation of your injuries is also necessary. While any hospital or medical records will be valuable evidence, it can also be helpful to document your injuries and all symptoms at the scene if you can. A car accident lawyer will want to know about your injuries and property damage when you meet to discuss your case. Detailed notes mean more accurate information is available for your personal injury attorney to use in pursuing your claim and determine a compensation amount that is reasonable.
Speaking to the Other Drivers
You need to exchange contact information and car insurance details with the other drivers involved but be very careful what you say to them. You should never admit fault for the accident. This is especially true considering the comparative fault guidelines in California. Even if you think you may be at fault, you should not say so because this may impact your potential for obtaining proper compensation for your claim. Determining car accident fault is complex and should be left to your attorney and experts to decide.
You should also avoid making statements of not being injured or not needing medical attention. Not only could such comments cause the car insurance company to deny your claim or prevent them from offering an insurance settlement, but many people do not realize they are injured right away. There are numerous types of injuries that take time to manifest symptoms, so you should never tell the other driver or the Police you are uninjured. It is best to get checked by Paramedics at the accident scene, and then at a hospital emergency room immediately thereafter.
It’s a good idea to take some of the same steps after a car crash regardless of how fault will be determined later on. These include standard safety measures and following the laws of your state. Drivers in California should remember the following basic rules after a car accident:
Remain at the Scene
Leaving the scene of a car accident, especially if there are injuries or fatalities, can lead to criminal charges. Unless you need emergency medical attention, you should stay until you can speak with the police because penalties for hit-and-run convictions are serious. Remain at the scene of the accident, summon aid, and speak with the police.
Seek Medical Help
It may seem obvious that you should obtain medical assistance for injuries caused by a car crash, but some physical and emotional damage can be overlooked. Not only can the trauma, shock and increased adrenaline of the moment mask pain and other physical symptoms, but some injuries, like soft-tissue damage, whiplash, and traumatic brain injuries may take time to fully appear. In addition, psychological issues, such as post-traumatic stress disorder, may not become evident for some time after the collision.
California also requires drivers involved in an automobile accident to report the crash to the Department of Motor Vehicles (DMV). You will likely be asked by the DMV to provide:
- Your license plate number and the plate number of the other vehicle; and
- The make, model, and year of all the vehicles.
If you can also obtain the Vehicle Identification Number (VIN), that will also be helpful to the DMV report.
Contact a Car Accident Lawyer
For further guidance on what you should do after a car accident or questions about California’s comparative fault law, speak with a competent car accident lawyer. A skilled Car Accident Lawyer will help you protect your legal rights and recover the compensation that you deserve.
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 100 years of combined legal experience. We stand up to stubborn 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 compensation for you. 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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