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.
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.
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