How Is Fault Determined in a California Car Accident?

Drivers in California are expected to follow the rules of the road. When an at fault accident occurs, it has to be determined who acted recklessly or carelessly. Maybe someone ran a stop sign, failed to signal, or was texting while driving. Police reports, witness statements, cellphone records, surveillance footage, or additional evidence may confirm who was at fault. An attorney has to prove that careless actions caused measurable harm and tie it to the accident persuasively to win compensation in a California court.

Determining Fault in a Car Accident: Does Damage Location Matter?

To figure out who’s responsible after a California car accident, someone has to analyze the angle and the impact of the accident, as well as which driver was at fault. When one car has damage to the front end and the other one has rear damage, it suggests the trailing driver didn’t stop in time. Side damage to the car means someone didn’t yield the right of way or ran a red light. Determining the road conditions and each driver’s behavior helps assign responsibility and reveals the facts when witness accounts differ or when video footage is unavailable.

Car Accident Fault by Location of Damage

• Rear-End Collisions: The rear driver is usually determined to be at fault when one car hits another in a rear-end collision.  Damage to the front of the trailing car can prove the rear driver didn’t maintain a safe distance or react in time. Sudden braking or brake light failure might be an exception to this. 

• Side-Impact Damage and Intersection Crashes: Side damage, especially in T-bone collisions, often points to a failure to yield or a traffic signal violation. If one car has damage on the side and the other has front-end damage, it means the front-end vehicle improperly entered the intersection. The angle of the impact, the timing of traffic lights, or witness statements sometimes confirm who had the right of way. 

• Multi-Vehicle Accidents: The location of the damages found when there has been a pile-up or a chain reaction accident can pinpoint the first point of impact. If drivers were speeding, distracted, or didn’t maintain distance, comparative negligence may apply, and fault might be shared by multiple drivers. Damage patterns can sometimes reconstruct the sequence of events that occurred. 

Is California a No-Fault State for Car Accidents?

In California, the state follows a fault-based system, and the driver who caused the crash is liable for the damages. Injured parties file a claim for lost wages, medical expenses, pain and suffering, against the driver at fault’s insurance provider, instead of their own. Skilled lawyers can prove who was at fault, which is involved in determining compensation awards in court. If someone is partially at fault, the payout will be adjusted based on each driver’s amount of liability.

What to Do If You’re Found At Fault in a Car Accident

Stay calm and notify your insurance company promptly if you’re found at fault in a car accident. Don’t admit fault to other drivers. Document what occurred by taking photos; get the witness’s names and their contact information. Speaking with an at fault car accident lawyer who can guide you through the legal process after an accident can help you understand your liability.

Can I Challenge a Fault Determination Made By My Insurance Company in California?

If your insurer says you’re at fault but you don’t agree, ask them for a written explanation. Meet with an experienced Encino car accident attorney to review your evidence, the police report, and witness statements. Qualified attorneys like ours at Novik Law Group can help you challenge inaccuracies and negotiate with the other driver’s insurance company. We can represent you in court if the need arises. The right personal injury attorney in LA can build a strong case and defend your rights. Contact us today at Novik Law Group so we can review your case.