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Grupo MedLegal® > Blog > California > Understanding Who Is at Fault for a Car Accident in California

Understanding Who Is at Fault for a Car Accident in California

Sometimes, it’s easy to see who is at fault for a car accident. When a person’s actions were clearly dangerous or illegal, it can seem obvious that one of the parties will take most of the blame.

But, when a situation seems simple, a complete investigation may show that each person may share the blame. Car accident attorneys, such as Grupo MedLegal’s lawyers in Los Angeles, may investigate an accident in depth and discover who really is at fault.

How Is the Cause of the Accident Determined?

After an accident, police investigators and insurance investigators are going to believe several theories about what happened. Investigators will speak with each driver and with witnesses and will use scientific techniques to re-create the incident.

These techniques can show details that may not have been initially obvious. An accident can be reconstructed to demonstrate how fast each driver was going, and if one or both parties were driving at excessive speed or not. Investigators can look to see when the brakes were applied, which can indicate if the driver was paying attention. An accident re-creation can show what each driver saw just before the accident, which can indicate if the accident could have been avoided.

Besides re-creating the accident, investigators can analyze the actions of each driver. Cellular phone records can show that a driver was talking on the phone or sending text messages before the moment of the accident. Medical records can be used to demonstrate that a driver was intoxicated or under the influence of drugs.

After completing the investigation, police or the drivers’ insurance companies will decide who is at fault for the accident. The police may issue a ticket or make an arrest, or the insurance company may decide to compensate the person who was not at fault. Additionally, one or both drivers may make a claim to decide fault.

California Law

Often, each party in an accident shares in the blame. In California, a system known as “comparative negligence” allows each party to receive money based on their part of the blame.

For example, let’s suppose that two people are involved in an accident. One driver was drunk, and took the greater part of the blame. However, the other driver was speeding, which contributed to the accident. During the trial, the judge or jury decided that the driver who was speeding was less responsible, and should be granted $100,000 in costs and damages. If the inebriated driver was 80% responsible for the accident, and the driver who was speeding was 20% guilty for the accident, the speeding driver will receive $80,000. The damages are reduced by the percentage that the speeding driver was responsible for the accident.

This means that although one driver was more responsible than the other, the actions of each driver affect the amount in a lawsuit.

Car Accident Attorneys Can Help You Prove Fault

If you were injured in an accident, you need lawyers who know California law and regulations. At Grupo MedLegal, our accident investigators and lawyers will help you to prove the cause of the accident.

Before accepting an offer from an insurance company, speak to a lawyer in Los Angeles who knows how to validate your case.

Your consultation is always free, and Grupo MedLegal never charges you money unless they win the case. You have nothing to lose—don’t delay, call Grupo MedLegal today.

This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.

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