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California Car Collisions: Who’s At Fault?

California Car Collisions: Who’s At Fault?

July 8  |  Car Accident

In 2016, there were nearly 500,000 car crashes in California. These accidents resulted in almost 4,000 deaths and close to 300,000 injuries. Los Angeles proved to be the most car crash-prone county, accounting for around 82,000 of the state’s overall crashes. Even vehicles for ridesharing services are more and more involved in collisions; as such, many people are seeking the help of Uber accident attorneys.

But, no matter the type of vehicle, one of the most sought-after services is legal assistance with determining fault. Since California operates on a fault-based system, those involved in car accidents, as well as their insurance companies, seek to pinpoint who’s at fault because this also determines who can file for insurance claims against the other party.

In California, fault in a car accident can be determined two ways: through the common law theory of negligence and by the violation of statutes.

Proving Negligence to Determine Who’s at Fault

Cases of car accidents often revolve around the legal concept of negligence. To show that a party is liable for your financial losses in an accident, you must prove that they have been negligent.

Negligence occurs when the party at fault didn’t operate their vehicle with “reasonable care,” which is legally expected of all drivers in any circumstance. This means that every driver on the road is duty-bound to operate their vehicles with caution, at all times.

A driver in California has been negligent if they violated traffic laws or rules, including but not limited to:

  • Texting while driving
  • Distracted driving
  • Aggressive driving

If you can successfully prove that the other driver was negligent and that the negligence caused the accidents, and therefore your injuries, you will be entitled to compensation in the amount of the damages that resulted from the crash.

However, proving the other party’s negligence doesn’t end there. California is a pure comparative negligence state, meaning that your own negligence, if any, will also bear upon the compensation you receive.  played a part in the accident. For example, if your vehicle was involved in a crash because the other driver was drunk, but you also happened to be speeding at that time, you’re partially at fault. So, the compensation you’ll receive will be less whatever percentage your fault was in the crash.

Violation of Statute to Determine Who’s at Fault

Violation of the statute is another form of negligence that helps determine fault in California car accidents. If a driver violates provisions in the California Vehicle Code, which then results in an accident, the driver can be considered “negligent per se.” This is a legal doctrine that makes it easier to prove that a party acted negligently.

Unlike proving ordinary negligence, you need not prove that a reasonable person should have acted differently. The driver’s violation of any provision in the California Vehicle Code, which is specially designed to prevent car accidents, is automatically considered negligence.

Get Proper Compensation from Car Accidents

If you’re involved in a vehicular accident in Los Angeles, whether it’s in your own car, as an Uber or Lyft passenger, or as a pedestrian, you need to maximize the compensation you’ll get. To achieve that, get the help of experience car accidents attorneys from LA Car Accident Lawyers.

Contact us today so we can discuss your case.