Who’s at Fault in a Car Accident in California? Understanding the Rules
Determining who was at fault for the accident can ensure the right party gets the compensation they deserve for any injuries or personal damages. This can be a complicated process though. California has a pure comparative negligence system that can deem more than one driver at fault. Thus, responsibility for compensation gets shared among them.
We’ll help you make better sense of determining fault in a car accident. We’ll also give you a better look at California’s fault system to get a better idea of how it works.
What is California’s Pure Comparative Negligence Law?
Pure comparative negligence in California seems complicated, but it actually makes sense. Each driver involved in the car accident gets assigned a percentage of fault. Even those who were partially at fault may still be eligible for compensation following the collision. The catch is, however, their compensation will be reduced depending on how much at fault they were for the accident.
Here’s an example:
If you had $5,000 in damages from the accident, but you were 50% at fault, you would be eligible to recover $2,500.
How Fault is Determined
Fault isn’t solely determined by the involved drivers. Instead, law enforcement officers, insurance companies, and even the court can help determine this. Witnesses can also play a role in the fault determination process, but it is up to the latter experts to make the final decision.
Fault in a car accident is based on:
Photo and video evidence of the scene
If any traffic laws were violated among one or more involved drivers, like running a stop sign, speeding, or a DUI
Information found in the police report
How the statements line up between drivers and witnesses
Fault in Common Scenarios
While every accident is individually assessed, here are a few car accident situations and how fault is often assigned:
Parking Lot Accidents: Fault is often shared between involved drivers in parking lot collisions. However, in the case of a driver backing up, usually they’re the ones at fault. After all, they’re supposed to back up carefully and yield to oncoming traffic.
Rear-End Collisions: The rear driver is typically at fault. This often signifies that they failed to keep a safe following distance. However, if there’s evidence, like dashcam footage, proving that the first car was brake-checking, they could instead be fully or partially at fault.
Right Turn Accidents: The driver making the turn is usually at fault. They’re supposed to yield to oncoming traffic. However, if the driver turning’s light is green and/or the person who hit them had a red light, the turning driver may have no or partial fault.
Left Turn Collisions: In most cases, the driver turning left will be at fault. Unless they have a green turn arrow, they don’t have the right-of-way. So, they must yield to traffic before entering the intersection. However, fault will instead be placed on the other driver if they were speeding, ran a red light, or generally acted negligently.
Why Fault Matters
While your safety comes first, determining fault is a critical aspect when involved in a car accident.
When fault is established, it can rule who will be obligated to pay for your damages and/or medical bills. Fault can also help decide how much compensation you’re due - if you’re owed any at all. Insurance premium increases are also affected by who’s at fault for an accident.
Protecting Yourself When Fault is Complicated
Figuring out who’s at fault is not always clear. With so many factors to consider, like traffic signals, traffic laws, weather conditions, poor road design, and the circumstances surrounding the drivers, it’s hard to know who ultimately caused the collision.
In complicated cases, or situations where things happened so quickly, it’s important to gather what you can. Take photos and videos of the scene as evidence. Request a copy of the police report and verify its accuracy. Also, write down the contact information from any witnesses.
To keep from making a messy situation even worse, avoid blaming yourself or the other party. What you may think is your fault, or the other driver’s fault, may actually be different.
Can Fault Be Challenged?
Did your insurance company put the blame on you for the accident? Or maybe you feel like you were given too much of an at-fault percentage. If you feel you were wrongfully assessed, you can absolutely challenge it.
The first step is to file a dispute with your insurance company. Be prepared to provide extra evidence to prove your side. A personal injury attorney can also come in clutch in this situation.
How an Attorney Can Help
An attorney experienced in personal injury can ensure that determining fault in a car accident is fairly addressed. They can also help you dispute unfair fault assignments and even fight to win a larger settlement, if necessary.
At Montanez & Yu Law, we are familiar with the complexities involved in car accidents. Even smaller collisions can be complicated and require a legal third party to step in. Contact our legal team today for more information on how we can help in your specific case.
Final Thoughts
Regardless of how minor a car accident might have been, determining fault is rarely easy. Each collision is unique. Pair that with multiple components from weather circumstances to traffic signals, and it becomes a challenge to deem who’s at fault.
What is more, in California, there is a pure comparative negligence law, which can make matters even more confusing. All drivers involved can be assigned different levels of fault - or even no fault at all. The fault assignments can ultimately decide what each driver is obligated to receive in compensation for damages and injuries.
The good news is, you don’t have to do this alone. Trust Montanez & Yu Law to help you navigate this complex process.