who is responsible after an accident in California

What Determines Who Is Responsible After an Accident in California?

After a car accident in which you suffered injuries, your thoughts might turn to seeking a financial award. You believe you did nothing wrong and feel the other driver should pay for your pain, suffering, lost wages, and medical bills. When the insurance company tries to blame you for the accident instead, seek help from a trusted car accident lawyer in California.

The Cifarelli Law Firm has over five decades of collective experience helping injured people. Our personal injury lawyers understand the key aspects determining fault in car accident cases. We collect evidence during our investigation to determine who is responsible after an accident in California.

Facts That Help Determine Fault

After a car accident, law enforcement will visit the scene. Police officers will ask you and others about what happened before creating a report. The insurance company then uses this police report and other facts to determine fault, including the following:

  • Witness statements
  • Any traffic tickets issued
  • Any video evidence captured by surveillance cameras
  • Damage patterns on the vehicles and nearby property
  • Types of injuries
  • Skid marks on the road
  • Obscured or broken traffic lights or signage

Commonly, insurance companies try to avoid paying car accident victims a significant amount in an award. The insurer can increase its profit margin by paying victims less.

With that in mind, the insurance company may interpret the facts from the accident to show you were at fault, reducing or eliminating your personal injury award. Our car accident lawyer in California can help defend you.

We Can Dispute the Insurance Company’s Findings

California is an at-fault state. In other words, when you suffer injuries in a car accident, you must show the other driver was at fault to be eligible for a financial award.

Additionally, California law allows for comparative negligence. If the insurance company decides you were partly at fault, it could pay you a reduced settlement award.

You’ll want to show you had no fault in the accident to maximize your chances of seeking fair restitution. 

You Don’t Have To Accept the Insurer’s Determination

The insurance company’s interpretation of the facts is not ironclad. After all, the insurer has a financial interest in finding you at least partially at fault.

When you hire our car accident lawyer in California to represent you, we will investigate the facts ourselves. We may find that the insurer made one or more errors in its investigation. When talking to the insurance company on your behalf, we will present them with our findings.

We then may be able to negotiate with the insurer about the financial award you seek. We will outline the facts indicating you were not at fault. We may be able to come to an agreement through negotiations. Other times, we may need to take the case to court to receive a decision about fault and responsibility.

We Offer Free Consultations

Although it may seem easy to determine fault after a car accident, cases can become complex quickly. If you suffered serious injuries in an accident, the other driver’s insurance company may seek to blame you for the crash to avoid paying you an award.

The Cifarelli Law Firm is ready to defend your rights against an unfair insurer. We gather evidence showing you did nothing wrong and have the right to seek a financial award. We then work tirelessly in pursuit of that award. To get answers to all questions about your rights and avenues for legal recourse, call our trusted car accident lawyer in California today at 949-409-6324 for a free consultation.

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Office Information

7700 Irvine Center Drive Suite 150
Irvine, CA 92618

Office Hours

Monday-Friday: 8:30am - 5:30pm

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