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How Is Fault Determined in A California Car Accident?

determining-fault

The state in which you live determines how fault is evaluated in a car accident claim. There are two major ways to determine fault for vehicle accidents in California. The first is known as the common law theory of negligence. The injured party must illustrate that the other driver failed to operate their vehicle with enough care using witness statements, police reports and other investigatory tools.

The injured party must also illustrate that the negligent actions of the other driver were the cause of his or her injuries or damage. The second way that accident fault is determined in California is through statute. If the driver of the vehicle involved in a car accident violated a California vehicle code, then that driver is often presumed negligent which is known as negligence per se.

To show that the other party is responsible for a California accident, the injured party must be able to show that he or she sustained serious injuries and that these were caused by the other driver. It is necessary for drivers in California to illustrate that the other driver breached his or her duty to drive with caution or that they had failed to exercise a reasonable level of caution required when on the road. If the other driver did not use the appropriate amount of care in operating their vehicle and was thereby negligent and the negligence was the cause of the injuries, then the hurt driver is entitled to recover compensation as a matter of law.

Consulting with an experienced personal injury attorney can help you identify whether or not you have grounds to pursue a personal injury claim and the relevant factors that will be used in the case when it comes to determining fault. Taking action sooner rather than later given the limited period of time, known as the statute of limitations in California is vital. You have a maximum of two years from the date of the accident to pursue a legal claim. Talking with a lawyer now to figure out whether or not you’re eligible is an important next step.

Do you know your rights? The lawyers at The Paris Law Firm do. Contact us today at 909-469-5127.

 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

 

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1 YOUR CASE WILL BE HANDLED BY
AN EXPERIENCED ATTORNEY

Our founder, attorney Eric D. Paris, has represented injured people in Southern California for more than 22 years. Prior to founding The Paris Firm, Mr. Paris worked as an insurance defense lawyer, which gave him great insight to the insurance companies evaluation of claims and their tactics to minimize your recovery for your injury matter. You will personally meet with an attorney and your case will be handled by an attorney with the assistance of our paralegals and support staff.

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We are proud of our track record of results. We understand what your case is truly worth, and we will not advise you to settle for less than what you deserve.

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We develop personal relationships with our clients. We will get to know you and your family. At The Paris Firm, you will never be treated as a number or a case file. We have earned the trust of our clients by treating them the way we would treat a member of our own family. We get to know our clients on a personal level which allows us to best present your side to the jury.

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It is extremely important to obtain the right medical care after you suffer an injury. Sometimes it’s difficult to identify and find the type of specialist you need. The Paris Firm has a large network of medical specialists who can provide you the care you need with no out-of-pocket expense.

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Our goal is to obtain maximum financial compensation for our clients. Sometimes that means taking your case to Trial. You do not have to settle for a law firm that always settles out of court for less than a case is truly worth. When it is in your best interest, The Paris Firm will hire the best experts and utilize all of our resources and take your case to Trial and present your matter to a jury.

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You can rest assured that your legal matter will be handled with the highest degree of professionalism and care with our state of the art technology. Our firm uses cutting edge technology with software and presentation tools which enable us to make a compelling case on your behalf at trial or in mediation.