Determining Fault After a Car Accident in California 

In California, determining fault in a car accident is done through a combination of steps and mostly maintained by the insurance companies. The insurance company will gather evidence in the case and then determine who is at fault. Once they do that, they determine if they should pay anything for the accident.

As the victim in a car accident, it is critical for you to know you have rights. If you believe the car accident fault is inaccurate, it is critical to turn to a car accident attorney to help you. It may be possible to develop a case to show the insurance company should pay for the losses. A Santa Monica car accident attorney from Borna Houman Law can help.

How Is Fault Determined in a California Car Accident?

After an accident, all of the evidence is gathered, including a police report which outlines what occurred and why it happened to the best degree possible. Then, the insurance company will ultimately make the decision about who is at fault, and as a result of that, they determine if they are liable for the losses incurred. Insurance companies investigate what occurred and, most often, will be honest in that process. However, they are under no pressure to admit that their covered driver was at fault, and that puts vehicle accident victims at risk.

What Type of Fault Can a Car Accident in California Be?

Another important factor in determining fault in California is the type of fault applied. Several specific types of fault apply and can influence the decision of compensation:

  • Negligence: In this type of fault, there is clear indication that there is a failure of a driver to use reasonable care while driving the vehicle. Negligent acts typically include driving and using the phone.
  • Recklessness: In this type of fault, a person is acting deliberately with clear disregard for the safety of other people on the roadway with them. In this situation, the driver may be aggressively driving or intentionally challenging others through tailgating.
  • Intentional Misconduct: A bit like recklessness, intentional misconduct means that the driver was engaging in some type of deliberate act, such as speeding, and that action is what caused the accident.
  • Strict liability: This type of fault in California applies to instances in which the driver is automatically at fault regardless of their actions. For example, if the driver hits a person walking in a crosswalk or someone who is stopped at a red light, that is a strict liability.

Understanding how liability is applied in a California car accident is important since it determines who will pay for the damages. Not all situations are as simple as running a red light, though. Often, both drivers may have done something to lead to the accident, or neither driver may have done anything specifically reckless at all.

Insurance companies play a big role in determining fault in a car accident in California. If you do not believe their ruling on the matter is accurate, speak to a car accident attorney for guidance. Call Borna Houman Law today for a free consultation.