Determining Liability in a Car Accident

Our personal injury law firm has successfully represented countless plaintiffs who have been injured in traffic collisions. Determining liability in a car accident is the key to maximizing compensation for victims. Our San Diego, CA, attorneys work hard to demonstrate facts and establish clear liability in each case. We have attained many significant settlements and courtroom awards to help our clients cope with devastating injuries and losses.

If you or a loved one have fallen victim to another driver’s careless or reckless behavior, it is important to see that civil justice is done. If liability for the accident is unclear, an experienced attorney can help prove your case. Please contact our office today to schedule a free consultation. We work on a contingency fee basis, so we only collect fees when you receive your settlement or award.

California Car Accident Liability

California is one of several states that has adopted a pure comparative fault rule for civil law cases. This means that an injured party can recover compensation even if they share significantly in the blame for the accident. However, the damages that they are awarded can be reduced by the degree of fault. For example, if a case goes to court and a jury finds the plaintiff 25 percent responsible for a collision, the compensation award is reduced by 25 percent.

It is important to speak with a lawyer as soon as possible after a crash, and refrain from giving any formal statements to insurance representatives.

Insurance adjusters are well aware of California’s comparative fault law, and will pursue every avenue to deflect blame away from their client after a serious car accident. It is important to speak with a lawyer as soon as possible after a crash, and refrain from giving any formal statements to insurance representatives.

Determining Liability After an Accident

An insurance adjuster evaluating a car after an accidentIn motor vehicle accident cases, an experienced attorney will be very thorough in their investigation of the incident. Important aspects may include:

  • Accident Reconstruction – Working with reconstruction specialists, we will use photographs, measurements (tire tread marks, vehicle damage, etc.), witness interviews, and other data to rebuild the scene.
  • Documentation – Gathering police reports, blood alcohol test results, past criminal citations, and DMV records is essential. If the at-fault driver has been cited for an infraction or crime, such as reckless or DUI driving, this can have a significant bearing on the case. 
  • Vehicle Inspection – In some cases, a car accident is caused or exacerbated by the condition of the at-fault driver’s vehicle. The plaintiff’s vehicle may also have contributed to the injuries sustained, such as an air bag that does not properly deploy.

If the accident involved a commercial vehicle, such as a large truck or bus, there are other reports to obtain, such as maintenance and employee management records. In cases involving the transport of hazardous materials, there may be strict liability for any resulting injuries or wrongful deaths.

Seek Legal Help

Trust your case to a law firm that has been litigating California traffic accidents for over three decades. We offer a proven record of results, and will work strictly for your best interests. Please contact us today to schedule your free consultation.