When a car accident happens, after getting medical attention for anyone who is injured and calling the police to make an accident report, one of the first issues to address is fault. In California, fault determines who is financially responsible for the damage and injuries. Whether you’re dealing with property repairs or medical bills, the outcome of your claim often depends on how clearly fault is established. That’s why working with a San Jose car accident lawyer can make a difference, especially when fault is disputed or shared between drivers.
How Fault Is Assigned After A Crash
Fault is typically decided by looking at the evidence from the scene. This includes police reports, photos, witness statements, and any available video footage. Insurance companies will also conduct their own investigations but their conclusions can be questioned or challenged. We often advise clients to document everything from the moment the accident happens, including taking photos, noting road conditions, and gathering contact information from witnesses.
California’s Comparative Fault Rule
In California, more than one person can be found at fault for a crash. The state uses a pure comparative fault system, meaning even if you are partially responsible, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For example, if you’re 25% at fault and your damages total $100,000, you would be eligible to recover $75,000. Insurance companies often try to shift more blame onto the injured party, so it’s important to respond with clear evidence.
Common Scenarios That Involve Disputed Fault
We regularly see disputes in cases involving rear-end collisions, left-turn accidents, and crashes in intersections. Even though some situations may seem straightforward, each case can include different variables. For example, in a rear-end collision, the front driver may have stopped suddenly without cause, which could shift a portion of the blame. Determining fault in these situations often comes down to the available facts and how well they are presented.
The Value Of Documentation
It’s extremely important to document everything you can about your case. Accurate records help build a stronger claim. This includes medical records, repair estimates, and a detailed timeline of events. Small details, like traffic signal patterns or the exact position of vehicles after a crash, can make a big difference. We encourage clients to seek medical attention right away, not just for their health, but also to document their injuries in case they become part of a claim. It is very important that you keep all of your follow-up medical appointments because evidence of this can help to make your claim stronger.
Support You Can Count On
We have been successfully representing California accident victims and their families for over 30 years. From settlements and trial verdicts, we have recovered millions of dollars for our clients, with many individual case rewards higher than seven million dollars. At Mitchell & Danoff Law Firm, Inc, we take the time to understand each case and give honest, practical advice about the next steps. We’re available and ready to help you take the next step toward recovery. If you’ve been in a car accident and you think the other driver’s negligence is to blame, contact us today to schedule a free consultation