If you’ve been involved in a car accident, one of the first questions you may have is: who is at fault? In California, fault determines who is financially responsible for damages, including medical bills, property repairs, and other losses. Understanding how fault is established can help you protect your rights and pursue fair compensation. At Wilshire Law Firm, we help accident victims navigate California’s fault laws and insurance claims. If you have questions about your case, we offer free consultations and no fees unless you get paid.
Why Fault Matters in California Car Accidents
California is an at-fault state, meaning the driver who caused the accident is generally responsible for paying damages. This includes:
- Medical expenses
- Lost wages
- Property damage
- Pain and suffering
Insurance companies and courts rely on fault determinations to decide who pays and how much.
How Is Fault Determined After a Car Accident?
Fault is based on negligence, which means failing to exercise reasonable care. Here are key factors used to determine fault:
1. Police Reports
Law enforcement officers may prepare an accident report that includes observations and preliminary assessments of fault. While not final, these reports carry significant weight.
2. Traffic Laws
Violations such as speeding, running a red light, or failing to yield can indicate negligence.
3. Witness Statements
Independent witnesses can provide valuable insight into how the accident occurred.
4. Physical Evidence
Skid marks, vehicle damage, and accident scene photos help reconstruct the crash.
5. Comparative Negligence
California follows a pure comparative negligence rule, meaning fault can be shared. If you are partially at fault, your compensation may be reduced by your percentage of responsibility.
Common Scenarios and Fault Determination
- Rear-End Collisions: The driver who hits another vehicle from behind is usually at fault.
- Left-Turn Accidents: Drivers making left turns yield to oncoming traffic.
- Intersection Crashes: Running a stop sign or red light often establishes liability.
What If Fault Is Disputed?
Insurance companies may argue over fault to minimize payouts. If liability is unclear or contested:
- Gather as much evidence as possible.
- Avoid admitting fault at the scene.
- Consult an experienced attorney to protect your interests.
Steps to Take After a Car Accident
- Ensure Safety: Move to a safe location and check for injuries.
- Call Law Enforcement: Request an officer to document the scene.
- Exchange Information: Collect names, contact details, and insurance information.
- Document Everything: Take photos and gather witness statements.
- Seek Medical Attention: Even minor injuries should be evaluated.
- Consult an Attorney: Legal guidance can help you navigate fault disputes and claims.
Why Legal Guidance Matters
Determining fault can be complex, especially when multiple parties or insurance companies are involved. An experienced attorney can:
- Investigate the accident
- Gather and analyze evidence
- Negotiate with insurers
- Advocate for fair compensation
At Wilshire Law Firm, we provide:
- Award-Winning Legal Representation
- Proven Track Record in Car Accident Cases
- Client-Focused Service from Start to Finish
We never make guarantees about outcomes, but we work tirelessly to protect your rights. We offer free consultations and no fees unless you get paid.
Get Your Free Consultation Today
If you’ve been injured in a car accident and need help determining fault, contact Wilshire Law Firm today. We’ll review your case, explain your options, and help you take the next step toward justice.
Call us now or fill out our online form.
