Liability -- Who is At Fault?

What is liability? Who is liable? What impact does it have to me and my claim after a car crash? How does it affect my insurance rates and premiums?

Liability essentially means fault. If someone is found liable, they are found to be at fault. So in a personal injury case such as a car accident, whoever is found liable is found to be at fault for the accident and will be responsible for paying "damages" (aka money) to the persons they hurt. The concept of "damages" is explained in another article here.

Deciding who is at fault can be very easy or very difficult. A classic case of an easier liability case would be a person getting rear-ended at a red traffic light. A more difficult case of liability can involve lane changes, uncontrolled intersections, or any time there are more than two vehicles involved in the initial collision.

Remember that what happens in real life is not necessarily what will be relayed by the other driver to claims adjusters, lawyers, juries, and judges. People who are at fault for car accidents may lie. Even in cases where drivers are clearly liable, they may lie to save themselves from an increasing insurance premium or the possibility of a lawsuit.

To best protect yourself from such situations is to have a personal injury attorney represent you. A personal injury attorney goes to law school for years, and is licensed by the State Bar of California as fit and competent to practice law. Having such an attorney guide you through the claims, negotiation, and lawsuit process is essential in protecting your interests and fully compensating what is owed to you under California law for your medical bills, pain and suffering, loss of income, and other damages.

If you are found to be at fault for a crash, your insurance rates may go up. This can result in thousands of dollars of extra premiums paid over years, for an incident that was not your fault. This alone is worth fighting for what is right, even if you feel no pain yet and don't have medical bills to worry about.

Just because an insurance company initially found you to be at fault for the car crash does not mean that is the final conclusion. Our attorneys here at Montanez Yu have fought dozens of cases for our clients, where they were initially found to be liable, and we ended up winning them a settlement or jury verdict in court instead.

The key is to call a licensed personal injury attorney as soon as possible after a crash. You do not want to talk to anyone else about the accident and you should not sign any paperwork or release any information without consulting an attorney. The sooner you call, the sooner the law firm can hire investigators to begin collecting and preserving evidence to fight for your liability.

Montanez Yu is an award-winning boutique personal injury law firm representing only personal injury victims in Southern California. We have dealt with the multitude of various judges, court staff, insurance companies, and claims managers and adjusters to efficiently navigate the legal system to bring full compensation to our clients in an efficient manner. Call our office today for a free consultation at 949-864-6642, or email us at contact@montanezyu.com.