Who is at Fault in a Car Accident?

Each year, over six million car accidents are reported across the United States. After a car accident occurs, the first thought that the drivers involved have is typically about who was at fault. While it can be difficult to determine fault in many incidents, a car accident lawyer may know to help you.

The Barnes Firm is a team of knowledgeable car accident lawyers helping clients in New York  & California build their accident claims. Our legal team can help you identify who is at fault in your car accident claim as you pursue the damages you are owed for your losses.

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Who is at Fault in a Car Accident?

In New York, you may be owed compensation through the state’s no-fault system, but California is an at-fault state. This means that the driver who acted negligently and caused the accident will be the person considered to be at fault or liable for the car accident. The at-fault driver will be responsible for paying for any damages owed to the car accident victim. The damages may include:

  • Medical expenses
  • Property damage
  • Lost wages
  • Lost earning potential
  • Pain and suffering

If you’ve been in a car accident caused by another driver’s negligence, an experienced car accident lawyer may be able to help you file your claim.

Female Driver Making Phone Call After Traffic Accident and rearending

What are Common Causes of Car Accidents?

One of the most common causes of car accidents is negligence. Some common examples of negligence include:

  • Distracted driving
  • Speeding
  • Reckless driving
  • Driving under the influence of alcohol or drugs
  • Driving while drowsy

When a driver is negligent and causes a damaging accident, they should be held responsible for the injuries and losses suffered by the victims.

How to Prove Fault in a Car Accident

To prove that another driver’s negligence caused a car accident, you will need to prove the following:

  • The driver had a reasonable duty to practice caution while driving on the road
  • The driver did not exercise their duty to exercise reasonable care
  • The driver’s negligence caused the car accident, not an outside force
  • You were injured during the accident as a result of their negligence

Additionally, you will need to provide the following evidence to establish fault:

  • Photos or videos of the accident scene, property damage, and any visible injuries
  • The police report from the accident
  • Eyewitness statements
  • Medical bills
  • Bills for property damages

A car accident lawyer may be able to help you collect any evidence you need as they help you build your claim.

Man taking pictures of a broken car after an accident. A driver in a reflective vest in the background calling car accident injury attorneys
Man taking pictures of a broken car after an accident. A driver in a reflective vest in the background calling car accident injury attorneys

How to Prove Fault in a Car Accident

To prove that another driver’s negligence caused a car accident, you will need to prove the following:

  • The driver had a reasonable duty to practice caution while driving on the road
  • The driver did not exercise their duty to exercise reasonable care
  • The driver’s negligence caused the car accident, not an outside force
  • You were injured during the accident as a result of their negligence

Additionally, you will need to provide the following evidence to establish fault:

  • Photos or videos of the accident scene, property damage, and any visible injuries
  • The police report from the accident
  • Eyewitness statements
  • Medical bills
  • Bills for property damages

A car accident lawyer may be able to help you collect any evidence you need as they help you build your claim.

Partner With a Professional Car Accident Lawyer

If you or a loved one has been injured in a car accident, you may be owed financial compensation for the losses you have suffered. To get help with your California car accident claim, partner with a car accident lawyer with experience helping clients pursue the damages you are owed.

The Barnes Firm is a team of knowledgeable car accident lawyers with extensive experience helping clients in California & New York. Our skilled legal team is proud to provide our clients with the dedicated and personalized representation they deserve. For a free case evaluation, contact us here.

The Barnes Firm (800) 800-0000