When you’ve been in a car accident, a dispute over who’s at fault can add another layer of stress to the damages caused.
Many assume who is at fault in an accident on the road is obvious to everyone involved.
However, this is not always the case. Under California law, at-fault drivers can be held financially liable for the damages caused in a car accident—even if they were also injured.
The consequences can be expensive if you don’t protect yourself from liability.
In this blog post, our Hollister car accident lawyers discuss what California drivers should know about how fault works regarding car accidents.
We’ll explain why fault determinations are important and who makes them. We’ll also offer tips on how to prove you are not at fault in a car accident.
Please don’t hesitate to call (408) 848-2208 or send us an online message today for a free consultation.
What Happens If You Are Not at Fault in a Car Accident in California?
California is an at-fault state for car accidents. This means that the driver who caused the crash is financially responsible for any damages caused by their negligence.
If you sustained an injury in a car accident that isn’t your fault, you can file an insurance claim against the driver responsible for the incident.
In your claim, you can seek compensation for damages such as:
- Hospital bills,
- Vehicle damage,
- Lost wages from your injuries,
- Pain and suffering, and
- Emotional distress.
Sometimes, the at-fault driver’s insurance policy may not cover the total cost of your damages. In this case, you could file a claim with uninsured/underinsured motorist coverage for the remaining compensation. Otherwise, you can sue the negligent driver in civil court.
Who Determines Fault in a California Accident?
After an accident, an insurance adjuster investigates your claim for damages and evaluates who’s to blame. In the best-case scenario, an insurer finds the other driver 100% at fault, and you can collect compensation for the damages you suffered.
However, assigning fault often isn’t so straightforward. For one, the other driver might insist that you share some blame for the accident. If an insurer agrees with them, this can have a significant negative impact on how much money you can recover. Under California’s comparative negligence law, an injured driver’s compensation can be reduced if they’re found partly at fault for an accident.
For example, imagine you suffered whiplash after being rear-ended by a car at a stoplight and filed a claim against the other driver’s insurance for $20,000 in damages. However, the insurance adjuster determines that you are 25% at fault since you were texting at the time of the incident. Your available compensation will drop to $15,000—25% less.
If you disagree with an insurer’s decision about who is at fault—or how much fault you’re assigned—you can challenge their evaluation in court. When you file a personal injury lawsuit in California, a court reviews the evidence from the crash and judges who holds what portion of the fault.
How to Prove an Accident Wasn’t Your Fault in 5 Steps
When it comes to car accident liability, the best defense is a good offense. The following steps are crucial for protecting your claim for compensation after a collision.
1. Gather Evidence from the Scene
Documentation from the crash site is essential for illustrating who’s at fault. The best time to collect this valuable evidence is immediately after the incident. Once everyone is out of harm’s way, recording as much of the accident scene as possible is a good idea. Get photos and videos of the vehicles and roadway from as many angles as possible. Note any property damage, skid marks, visual obstacles, and weather conditions. All of this is valuable evidence that can shed light on how the crash happened and who was to blame.
2. Contact Witnesses
Statements from people who saw or heard the accident can help support your account of what happened. Getting the names and contact information of anyone who witnessed the crash is a good idea. The testimony of a neutral witness (someone neither driver knows personally) can be especially valuable when proving your version of events.
3. Get the Police Report
When the police come to the scene of an accident, they speak to everyone involved and write a report about what happened. This report includes details about the time, location, road conditions, and more that you can use to support your claim. The officers present can also record other impressions or observations about the crash, such as any tickets issued for traffic violations or conclusions about who was at fault.
4. See a Doctor
Having a thorough medical examination is one of the most important things to do after a car accident. For one, adrenaline can mask pain or other signs of serious injury. Even minor accidents pose a risk of painful complications and conditions such as whiplash, internal bleeding, concussion, and soft tissue injuries. Your health aside, a medical record can also help prove the accident wasn’t your fault.
Examination of the type and severity of your injuries by a medical professional can help shed light on how the crash unfolded. See a doctor as soon as possible, and follow their treatment plan carefully. Delaying medical attention or proper treatment opens the door for an insurer to claim you had a hand in your injuries.
5. Consult with an Attorney
A legal professional is a significant asset when proving you’re not at fault in a car accident. A seasoned personal injury lawyer can help gather overlooked sources of evidence for causation, such as security camera footage of the crash or phone records showing distracted driving. While you’re focusing on recovering, an attorney can take on the investigative and administrative work of building your claim, e.g., getting a copy of your accident report, conducting interviews with valuable eyewitnesses, and working with doctors and experts to supplement your case. If an insurer denies your claim, an attorney can represent you in a personal injury lawsuit and advocate for you to receive the compensation you’re owed.
Skilled and Trusted Legal Representatives
Understanding how to prove you are not at fault in a car accident is crucial for protecting yourself from legal and financial liability after a crash. However, when you’re still recovering from the physical and emotional impact of an accident, following these steps is easier said than done.
At Gonzalez & Jones, APC, we understand how challenging it can be to protect yourself and your loved ones after the profound damage of a crash. As a family-run law firm with over 40 years of experience, we pride ourselves on fighting for clients with the dedication we bring to our own family members. No matter the size of the case or the injury, we deliver high-quality, passionate, and accessible legal advocacy that makes a difference.
Call our office at (408) 848-2208 or reach us online to learn how we can help—we offer free case reviews.