How to Establish Fault in a California Car Accident
California abides by an at-fault insurance system, meaning whoever is found guilty of the car accident is required to pay the victim’s compensation claims. Here’s more information on determining who is at fault in a California car accident.
A rule of thumb in establishing fault in a California car accident is proving which driver violated the law or demonstrated negligence. A driver is at fault when they defy any provision under the California Vehicle Code. Some key examples of breaking the law include speeding and driving under the influence. A driver is considered negligent when they fail to behave in a reasonable manner behind the wheel. Common examples of negligence include texting while driving and tailgating.
Elements of Driver Negligence
There are four key principles in order to establish driver negligence at court:
Duty of driver
The victim is required to demonstrate to the court that the culpable driver failed to obey traffic and exercise care while driving. California law states that each driver owes other road users the duty to drive safely, so it’s relatively easy to establish the duty of driver claim.
Breach of duty
In court, the victim must provide evidence that the culpable driver caused harm to the victim(s) or the victim’s vehicle. For the judge to agree the defendant violated his/her duty, the defendant must have acted without a reasonable level of caution.
Cause of damage/injury
The victim must provide evidence that any physical harm or vehicle damage was a result of the defendant’s failure to drive cautiously. One way to provide evidence is to emphasize the accident wouldn’t have occurred if the defendant did not violate or neglect California’s Vehicle Code.
Damages
When the defendant is found guilty, the victim will provide the defendant with an estimated cost for any loss or damage, to both the person and vehicle. The victim could be entitled to compensation for any injuries received because of the accident.
Related: Grounds to File a Car Accident Lawsuit in California
Who Determines Fault
Although it’s considered a legal process, determining fault for a California car accident is left in the hands of both the victim’s and the culpable driver’s insurance companies. Lawyers can assist both the victim and the defendant in negotiating a better outcome and guiding both parties through the claim procedures. Insurance adjusters, however, take the lead in acquiring the victim’s and defendant’s statements, reviewing medical bills, analyzing the police report, and finding any other records relating to the accident.
What to Do After Being a California Car Accident
The consequences following a car accident depend on the actions one takes after the accident occurs. Some post-car accident decisions and their consequences include:
Hit & run
California Vehicle Code § 20002 prohibits an individual from leaving the scene and failing to identify themselves and any other person involved after damaging another person’s property. Vehicle Code § 20002 is considered a misdemeanor, and the penalty includes a maximum sentence of six months in county jail and fine up to $1000.
California Penal Code § 20001 occurs when an individual flees the scene and fails to identify themselves and any other person involved after the other driver was injured or killed. California law classifies Penal Code § 20001 as either a misdemeanor or a felony, depending on the injuries. When a culpable driver is charged for misdemeanor, the penalty ranges between $1000 and $10,000 in fines, and up to a year in county jail. When the culpable driver is charged with a felony, the penalty is between $1000 to $10,000 in fines, 16 to 3 years in state prison, or 2 to 4 years when the victim dies.
Related: How Long Does It Take to Reach a Car Accident Settlement?
Leaving contact information on the damaged vehicle
When the victim is not inside or near the car when the accident occurs, the culpable driver should leave their contact information on the damaged vehicle. The culpable driver will not be charged with the more serious penalties of a hit and run if they provide the victim with essential contact information.
Contact Us
If you or a loved one would like to learn more about determining fault in a California car accident, get your free consultation with one of our personal injury attorneys in California today!