Though you may take the necessary steps to keep yourself and others on the road safe when you get behind the wheel, others on the road may not have the same concerns, and unfortunately, their negligence can impact you. As such, if you’ve been involved in an accident with another driver, understanding how car accident liability is determined in these instances is critical. Keep reading to learn the factors that will be taken into consideration and why working with a car accident lawyer in Sacramento, California, is critical to fighting for the compensation you deserve for the damages you’ve endured.
How Is Car Accident Liability Determined in California?
When you are involved in an accident, it’s important to understand what you can expect. California is an at-fault state for collisions, meaning the driver who is deemed responsible for the collision will face liability. This differs from no-fault states in which each driver must file a claim with their own insurance regardless of who caused the accident. This means that proving liability is incredibly important to recovering the compensation you deserve.
Unfortunately, even in collisions that seem straightforward, determining liability can be challenging because there are a considerable number of factors that must be taken into consideration when examining an accident. For example, factors like the speed of the vehicles, whether or not one driver was distracted, if the vehicles were properly maintained, and who had the right of way under the law can impact who is held liable.
It’s important to do everything in your power to gather evidence to help hold the other driver liable for the damages you’ve endured as a result of their negligence. This includes taking photos and videos, obtaining a copy of the police report, and gathering the contact information of witnesses who can help explain how the accident occurred.
How Can I Recover Compensation for My Damages?
When fighting for compensation following an accident, it’s in your best interest to connect with an experienced attorney. They can take the information compiled in the police report, photos and videos, and witness statements gathered at the scene to help prove liability.
It’s important to have an attorney represent you in these matters as the other party will likely try to place blame on you for the collision, even if they are clearly at fault. This is because California is a comparative negligence state, meaning the compensation you are awarded from the negligent party can be reduced by your percentage of fault in the collision. As such, the other party will try to hold you partially liable to reduce your compensation, which can cause issues in your car accident case.
If you have been injured in a collision and need help fighting for the justice you deserve, the team at the Law Offices of Dale R. Gomes is ready to assist you. We understand the impact these accidents can have on your life, which is why we are dedicated to fighting for the best possible outcome for you and your circumstances. Contact us today to learn how we can fight for you.