Who Is At Fault In A Car Accident in California?

Dealing with the aftermath of a car accident in California can pose serious challenges. Among them is establishing who is at fault for the accident. California is an “at-fault” state for car accidents, meaning the driver responsible for causing the accident is liable for the resulting damages. Therefore, pursuing a car accident claim requires proving fault, which can be difficult without legal representation.

At The Barnes Firm, our California car accident attorneys are dedicated to helping accident victims get the best results possible. When you choose The Barnes Firm, we’ll investigate your accident and collect evidence to determine fault and pursue the full compensation you deserve.

Understand California Accident Fault Laws in Car Accidents

California operates under an at-fault insurance system, meaning the driver who is at fault for an accident is liable for the resulting damages. State law requires every motor vehicle owner to carry liability insurance covering their vehicle. If someone is driving the vehicle with the owner’s permission and causes an accident due to negligence or a wrongful act, the accident victim can pursue a claim under the policy covering the car.

California drivers have a duty to operate their vehicles safely and avoid accidents. This duty includes following all state traffic laws and rules, which are outlined in the California Driver’s Handbook.

How California’s Comparative Negligence Law Works

California also has a pure comparative negligence law, meaning a plaintiff can still recover damages even if they are partially to blame for their injuries. However, the compensation recoverable is reduced in proportion to the plaintiff’s share of the fault.

For instance, if you sustain $100,000 in damages and are 20% at fault for the accident, you can recover 80% of your damages or $80,000. Notably, under this system, even if you’re 99% at fault for a car accident, you can recover 1% of damages from the other party.

Different Types of Car Accidents in California & How Fault Is Determined

There are many types of car accidents, and numerous factors can play a role. Thus, liability is often contested. Our team of car accident attorneys has successfully helped clients prove fault after many kinds of car accidents throughout California, including the following:

• Rear-end accidents: Typically, the rear driver is generally considered at fault for failing to maintain a safe following distance or for distracted driving.
• T-bone collisions: The driver who fails to yield the right of way will usually be considered responsible for a t-bone accident, like ignoring a traffic light, stop sign, or making an improper left turn.
• Lane change and merging accidents: Lane changes and merging must be done safely, and the driver making the change or merging must yield to and keep a proper lookout for traffic.
• Head-on crashes: If a driver loses control, is distracted, is driving tired, or is intoxicated, they may drift into oncoming traffic, causing head-on collisions.
• Parking lot accidents: Depending on the circumstances, liability may be shared in parking lot accidents. Drivers have limited visibility if they’re reversing into moving vehicles, and parking lots can have unexpected stop signs or tight turns.
• Multi-vehicle pileups: Fault is often shared among drivers in multi-vehicle accidents, as they typically involve a chain reaction of impacts. For instance, a driver might be distracted and stop suddenly, but another might be tailgating and unable to stop in time.

Insurance Company’s Role in Determining Fault for a CA Auto Accident

When you file a car accident claim, an insurance adjuster will examine the case and determine fault by looking at key sources of evidence, such as the following:

• Police report: A police report typically includes an account of the accident, diagrams of the crash, contact information, and other details that can help determine liability and provide evidence for a claim.
• Eyewitness accounts: Eyewitnesses can provide statements, giving third-party accounts of what happened during an accident. Statements from bystanders and others without a vested interest in the outcome may be particularly persuasive when determining liability.
• Surveillance footage: Surveillance footage from nearby security cameras or dashcam footage can show how the accident occurred and provide valuable evidence.

Consequences of Being at Fault in a Car Accident in California

If you are considered completely at fault for a car accident in California, you can be responsible for damages the victim suffered. You may face financial and legal consequences of being found at fault for a car accident, including:

• You could be held responsible for the victim’s medical expenses, property damage, lost income, pain and suffering, and other damages.
• The accident victim can file a claim under your liability insurance to cover their damages.
• If a settlement cannot be reached with your insurer or liability is contested, the other driver might file a personal injury lawsuit.
• If damages exceed your insurance policy limit, you may have to pay compensation out of pocket.
• Your insurance rates could increase.

What If the At-Fault Driver Does Not Have Insurance or Is Underinsured?

If you’re in an accident with an uninsured or underinsured driver in California, you might be entitled to coverage under your own insurance policy. While California doesn’t require drivers to carry uninsured and underinsured motorist coverage, you can purchase it.

Uninsured motorist coverage offers protection if you are involved in an accident with an uninsured driver or are injured in a hit-and-run accident. Meanwhile, if the other driver’s insurance does not fully cover your damages, uninsured motorist insurance will cover the difference.

If you have collision insurance, it will pay for damage to your car, regardless of who is at fault.

To register and operate a vehicle in California, drivers must have liability coverage. If you stop paying your premium, your insurance company can notify the state. Without insurance, your license may be suspended and your vehicle impounded.

Possible Parties That Can Be at Fault in a Car Accident

Multiple parties may be responsible for an accident. Liability depends on its specific details. Thus, it’s important to conduct a thorough investigation and gather as much evidence as possible. Having more evidence to support your claims will strengthen your case.

Some possible at-fault parties in a car accident may be:

• Drivers: Other drivers involved in the accident could be at fault if they were speeding, failed to yield the right of way, ignored a traffic signal, drove while distracted, or were otherwise negligent.
• Other road users: This includes truck drivers, motorcyclists, or pedestrians who caused or contributed to your accident.
• Mechanics: The mechanic could be liable for improperly maintaining or repairing a vehicle.
• Government: If the road’s conditions contributed to the accident, the agency in charge of road maintenance could be responsible.
• Employers: If a driver is acting within the scope of their employment when they cause an accident, their employer could be held liable.
• Vehicle and auto part manufacturers: If a vehicle or part has a design or manufacturing defect that causes or contributes to an accident, the manufacturer might be strictly liable for the damages.

When and How to File a Car Accident Claim in California

Under California’s statute of limitations, you generally have two years from a car accident to file a lawsuit. This countdown begins when the injury occurs, with very few exceptions. Personal injury cases have strict deadlines you must meet, which your attorney can help you be aware of and file with deadlines in mind.

If you do not file a claim before the deadline, you can lose the opportunity to secure compensation.

You should report any car accident to your insurance carrier within 24 hours of the crash. You must report the collision even if you were not at fault. When discussing the accident with your insurance company or the other parties involved, limit your discussion to the basic facts and never apologize, as it could be seen as you admitting fault. Never accept any initial insurance offers without consulting an experienced car accident attorney first.

After an accident, maintain records of all medical care, repair estimates, police reports, and any other documentation. This can help build your claim.

Most importantly, representation by a knowledgeable attorney gives you the best chance at receiving a fair settlement offer that fully compensates you for your damages. They can push back against any attempts to shift blame to you. If the insurance company refuses to offer a full settlement, your attorney will be prepared to pursue further legal action if liability is denied.

Our car accident attorneys at The Barnes Firm will evaluate the aspects of your case, such as the severity of your injury, recovery time, and long-term effects on your life, to determine the worth of your losses. We’ll handle the claims process and help you avoid mistakes, such as missing deadlines.

Evidence You Need to Gather to File a Car Accident Claim

Evidence can help support your claims and is crucial to strengthening them. Key evidence that can bolster your claims includes:

• Medical records
• Police reports
• Video and photos of the accident and vehicle damage
• Witness statements
• Surveillance footage
• Proof of vehicle loss

An experienced attorney can also access their network of professionals to help gather evidence, such as accident reconstructionists, medical professionals, and economists, who can serve as expert witnesses and help prove liability and the extent of your damages.

California Accident Fault Laws FAQ

What Happens in a No-Fault Car Accident?

California is not a no-fault state for automobile accidents. Instead, it is an at-fault state, so an injured driver must pursue a claim against the at-fault party and their insurance carrier. If no other party is at fault, you must file a claim under your own policy’s coverage, such as medical payment and collision coverage.

What Types of Damages Can I Recover in a California Car Accident Claim?

After a car accident in California, you can receive damages to cover medical expenses, property damage, lost wages, lost earning potential, pain and suffering, emotional distress, and lost enjoyment of life. An attorney can help you pursue all avenues of compensation and the full amount you’re entitled to and prevent a reduced payout.

Speak to The Barnes Firm to File Your Car Accident Claim in California

At The Barnes Firm, our team of car accident attorneys is dedicated to helping accident victims navigate their cases with personalized care and relentless advocacy. We have a proven track record of successfully recovering damages for clients injured in car accidents, and we are here to help you obtain the compensation you deserve.

Contact us today for a free case evaluation at (800) 800-0000.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes