Investigation of Fault After a Car Accident
The number one most important piece of evidence in the investigation of liability, or fault, in a car accident case, is the police report. Most of the time the police report will conclude with a determination of fault made by the investigating officer. It is difficult to contest the findings of a police report, although if the statements or physical evidence within the report are contradictory to the liability determination, it can be done.
Sometimes, there is no police report. Other key pieces of evidence include anything prepared at the scene, such as photographs, videos, and handwritten notes. Names of independent witnesses to the incident will be especially important, particularly in he said/she said situations.
There may be video evidence from surrounding businesses or residential cameras that may have captured the collision itself. If that video footage can be preserved, it will be crucial in the determination of fault.
Fault-Finding Without Much Evidence
If none of these fairly objective measures of fault are available, there are still other pieces of evidence to look at. When the accident is a rear-end type, it is most often found to be the fault of the rear car for failure to stop in time. This is true even if the driver claims the person in front of them slammed on the brakes or changed lanes too quickly. Drivers are required to keep a safe distance and drive at a speed that would allow them to stop in time.
In a situation, for example, where there are no independent witnesses, no camera footage, and both parties to an accident claiming they had a green light, often no determination of fault can be made. This is particularly frustrating because clearly, one of the vehicles ran a red light, yet the blameless party will likely be unable to recover damages from the other insurance.
The Proportion of Fault in California
Most states operate under a fault-based insurance system. This means that the at-fault driver is responsible for the losses, including repairs, and medical expenses, through their auto insurer’s liability coverage. Each state has its own legal definition of negligence that dictate how damages are paid.
California is a pure comparative negligence state. Under this system, all parties to a car accident can be determined to be partially at fault for an accident. Your percentage of fault determines the percentage of monies you will be paid by the opposing insurance company. Under pure comparative negligence, if you are found to be 60% at fault for an accident, up to 40% of your damages could be recovered.
A skilled West Sacramento personal injury attorney will advocate on your behalf and dispute any unfair assignment of fault. Watch the YouTube video below about how to choose an experienced injury lawyer.
If I Caused the Accident Will Insurance Still Pay?
In California, if you have purchased Medical Payments coverage, this portion of your policy (most commonly in the amount of $5,000) will apply even if you caused the accident. This money can be used to pay for your medical expenses.
With regard to your car repairs, if you have paid for collision coverage, you can have your car fixed, and your own insurance will pay, minus your deductible.
One thing to consider is that when the accident was your fault, and you make a claim on your insurance, it is likely that your rates may go up. While California law prohibits insurance companies from raising your rates for accidents that were not your fault, it is common for your rates to rise after the insurance pays out on an accident that you caused.
West Sacramento Personal Injury Lawyer
Thanks for reading our legal blog. I’m Ed Smith, a personal injury lawyer in West Sacramento, California. Auto accidents frequently occur on the roads and highways around West Sac. If you have suffered injuries in an accident caused by a negligent driver, call one of our injury lawyers for free and friendly legal advice. We can be reached at (916) 921-6400 or from outside the local area on our toll-free line: (800) 404-5400.
Photo Attribution: https://pixabay.com/illustrations/sherlock-holmes-detective-462978/
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