Fault in California car accidents is determined by looking at the evidence, traffic laws, and each driver‘s actions before the crash. Evidence like police reports, witness statements, photos, and insurance investigations can help show what happened.
California also follows a pure comparative negligence rule, which means more than one person can share fault. The amount of fault assigned to each person can affect how much they may recover for their losses.
At Sweet James, we are available to listen to you 24/7. Let us help you figure out the next steps after a car accident. For more information, reach out to a California car accident lawyer from our firm.
Evidence Used to Determine Fault
After a crash, the people involved and their insurance companies may collect evidence to understand how the accident happened. Each piece of evidence can help explain what the drivers did and whether their actions caused the crash.
Common types of evidence used to determine fault in California car accidents include:
- Police or collision reports: Officers may record what they saw, statements from drivers and witnesses, road conditions, and other details. A report may include an officer’s view of what caused the crash.
- Witness statements: People who saw the accident may explain how the vehicles moved, which driver had the right of way, or whether someone appeared distracted.
- Photos and videos when available: Photos and videos of the scene can provide useful details, which can help determine fault.
- Vehicle damage: The location and type of damage may help show where the vehicles hit each other and how they were moving.
- Phone or vehicle data: In some serious crashes, phone records or data from a vehicle’s event data recorder may help show whether a driver was using a phone, how fast the vehicle was moving, or when the driver braked.
No single piece of evidence always tells the full story. For example, a police report may support one driver’s account, while video footage or witness statements may provide more details. Sweet James can review the available evidence to help explain how it may affect a car accident claim; don’t hesitate to contact us today.
Traffic Law Violations as Proof of Fault
California traffic laws set rules for how drivers must act on the road. Breaking one of these rules may help show that a driver was careless and caused a crash. In some cases, breaking a safety law can support a legal rule called negligence per se. This may help establish that a driver failed to use reasonable care, but the facts and legal requirements still matter.
Common examples include:
- Following too closely: California Vehicle Code Section 21703 requires drivers to leave a reasonable and safe distance between vehicles. A driver who hits the car ahead may be found at fault, but the facts of the crash still matter.
- Speeding: Under California’s basic speed law, drivers must travel at a safe speed for the road, traffic, weather, and other conditions. A driver may be going too fast even when driving below the posted speed limit.
- Unsafe lane changes: Drivers must make sure a lane change can be made safely. Moving into another lane without checking for nearby traffic may help show fault.
A traffic ticket can be useful evidence, but it does not always settle every question about fault. The evidence must still be considered in light of how the crash happened and whether the driver’s actions caused the harm.
Who Investigates and Decides Fault?
Several people may review fault after a car accident, and each has a different role; here are some examples:
- Police officers: Officers may investigate the scene, speak with drivers and witnesses, and prepare a collision report. An officer may give an opinion about who caused the crash. However, that opinion does not automatically decide who is legally responsible in a civil claim.
- Insurance adjusters: They will review the facts to decide how an insurer will handle a claim. They may look at the police report, photos, statements, vehicle damage, and other records. Each insurer may conduct its own investigation, and the companies may disagree about who was responsible.
- A judge or jury: If your claim goes to trial, a judge or jury may decide fault by considering evidence and California law. Many claims settle before trial, so a judge or jury does not decide every case.
Sweet James can help you understand how these different reviews may affect your claim. An insurer’s decision is important, but it is not always the final word on legal responsibility.
California’s Pure Comparative Negligence Rule
California follows a rule called pure comparative negligence. Under this rule, more than one person can share responsibility for a crash. Each person’s share of fault is expressed as a percentage, and an injured person’s compensation is generally reduced by their own percentage of fault.
The percentage matters because it can directly affect the amount an insurer may offer to pay. If an insurer says you were partly responsible, it may use that finding to lower its offer. The percentage should be based on the evidence, not simply on what an insurer believes is fair.
Sweet James can review the facts and help you understand whether the fault percentage assigned to you is supported by the evidence. You can also read our general guide to how fault is determined in a car accident.
What To Do if You Disagree With an Insurance Company About Fault
If an insurance company says the crash was your fault or blames you more than you think is fair, you may be able to challenge its decision. Ask the insurer to explain why it made that decision and what evidence it used. Here are some steps you can take:
- Get the collision report: Ask the responding law enforcement agency how to request a copy of the report. Read it carefully and note any facts that appear incorrect or incomplete.
- Ask the insurer for details: Request an explanation of its fault decision and copies of relevant records it can share.
- Collect other evidence: Save photos, dashcam footage, witness contact details, medical records, and other information that supports your account.
- Write down your version of events: While your memory is fresh, record what happened before, during, and after the crash.
- Consider legal advice: A car accident attorney can review the evidence, explain your options, and communicate with the insurer on your behalf.
An attorney may identify evidence the insurer overlooked, point out problems with its reasoning, or present facts that support a different share of fault. This does not guarantee that the insurer will change its decision, but it may help you challenge an unfair assessment.
Sweet James can review your situation and explain possible next steps if you disagree with how fault was assigned.
Get Help With Determining Fault in Your California Car Accident
How fault is determined in a California car accident can affect your ability to recover money for medical bills, lost income, vehicle damage, and other losses. If you believe an insurance company has blamed you unfairly, you do not have to accept its decision without asking questions.
Sweet James has recovered more than $1 billion for clients. Our team can review the available evidence, explain how California’s comparative negligence rule may apply, and help you understand your options.
Contact us today for a free consultation. A fault determination from an insurer is not the same as a final court decision, and getting a second opinion may help you decide what to do next.
