How Is Fault Determined in a Car Crash?

Car accidents are an unfortunate reality that many people face. In the aftermath, the process of determining fault can be both complex and overwhelming. If you’ve been involved in a car crash in Irvine, CA, you might wonder how fault is determined and what factors come into play. In this blog post, we’ll examine the intricacies of establishing fault, while providing helpful tips for safeguarding your rights. Also, we will explain why it is essential to bring your case to an experienced Irvine car accident attorney at the Crockett Law Group.

California Is a Pure Comparative Negligence State

California operates under a “pure comparative negligence” system when determining fault in car accidents. This means that even if you are more than 50% at fault, you can still seek compensation – although it will reflect your level of liability. Under this system, each party’s liability is calculated based on their percentage of responsibility for the accident. For example, if one driver is found to be 80% at fault and another driver 20%, the first driver would only be responsible for paying 80% of the damages while the second driver pays just 20%.

If You Don’t Have a Lawyer, the Insurance Adjuster May Unfairly Blame You

It’s no secret that insurance companies are out to protect their bottom line. Unfortunately, this often means that they will try to shift as much blame onto the other party involved in an accident as possible. Without legal representation, you may not even know what evidence is relevant or how to properly present it. The insurance company will take advantage of this and use any opportunity available to reduce your compensation. One common tactic is convincing victims to make recorded statements that can be manipulated later on. The adjuster may also try to downplay the severity of your injuries or argue that the damage was pre-existing. Having an experienced Irvine car accident lawyer by your side ensures that all aspects of your case are handled correctly from start to finish. Your lawyer will handle communications with the insurer and fight tirelessly for maximum recovery on your behalf.

The Police Report Provides Valuable Information About the Accident

The police report is one of the most important pieces of evidence in determining fault in a car accident. It provides valuable information about how the accident occurred and who may be at fault. The report includes details such as the date, time, and location of the accident, as well as contact information for all parties involved. It also includes statements from witnesses, diagrams or photos of the scene, and any citations or charges issued to drivers. This information can help a car crash attorney in Irvine build a strong case on your behalf. By carefully reviewing the police report and conducting their own investigation into what happened during the crash, they can determine who was negligent and therefore responsible for paying damages. Thus, you must obtain a copy of the police report as soon as possible after an accident. This will give you time to review it with your attorney before making any decisions about your next steps.

Remember to Take Photos and Videos at the Accident Scene

One crucial step you need to take after a car accident is to document the scene by taking photos and videos. This evidence can be used to help determine fault later on. Make sure to take pictures of all vehicles involved, including close-ups of any damage sustained. You should also photograph skid marks, debris on the road, and any relevant traffic signs or signals. Don’t forget to capture images of the surrounding area, too – this may include nearby buildings or landmarks that could provide context for what happened. In addition to photographs, consider shooting video footage at the scene. Record your interactions with other drivers and any witnesses who are present. This can help jog your memory later on if you need to recall specific details about what occurred.

Seek Medical Attention as Soon as Possible after the Crash

Seeking medical attention soon after a car accident is crucial for several reasons. Some injuries may not be immediately apparent following the crash. Pain and discomfort could manifest hours or even days later, making it essential to consult with a healthcare professional as quickly as possible. Additionally, having medical records that document your injuries can serve as vital evidence in your case. These documents help establish a clear link between the accident and any harm sustained, strengthening your claim for compensation. Moreover, delaying medical care might give insurance companies an opportunity to argue that your injuries are not severe or possibly unrelated to the accident. This tactic could potentially reduce your settlement amount or lead to an outright denial of coverage.

Bring All Your Evidence to an Experienced Irvine Car Accident Lawyer

Obtaining compensation after a car accident depends on the available evidence a lot. It will help your lawyer determine fault in a car accident and work with insurance companies to ensure that you are not unfairly blamed for the incident. Remember, it’s important to act quickly after a car accident and seek legal assistance as soon as possible. With our expertise and guidance, you can focus on recovering from your injuries while they handle the legalities of your case. Don’t hesitate to reach out to an Irvine accident attorney at the Crockett Law Group if you’ve been involved in a wreck. Call (800) 900-9393 now to schedule a free case review!