How Is Fault Determined in A California Car Accident?
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.
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.