Fault Determination in Car Accidents: How It Works in San Diego

Car accidents can be life-changing, leaving victims with serious injuries, trauma, and financial losses. If you've been injured in a car accident, understanding how fault is determined is critical to pursuing full and fair compensation.

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What Does “Fault” Mean in California Personal Injury Law?

In California, the concept of “fault” in personal injury cases is rooted in two critical elements: negligence and causation

1. Negligence means the defendant (the person or party being accused) failed to act with reasonable care. This could involve actions like speeding, running a red light, or texting while driving.
2. Causation means that the defendant’s negligence directly caused the plaintiff's (the injured party’s) injuries. In other words, the careless actions must be linked to the harm suffered.

Both negligence and causation must be proven for a defendant to be held legally responsible. Without establishing both, there is no legal basis to hold someone accountable for the accident.

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The At-Fault Party’s Responsibility for Compensation

California follows a fault-based system for car accidents. This means the driver who is found to be at fault is financially responsible for the damages caused. These damages can include:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering

In some cases, multiple parties may share responsibility. Under California’s pure comparative negligence rule, a victim can still recover damages even if they were partially at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if you were 20% at fault and awarded $100,000, you would receive $80,000.

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The Role of Evidence in Proving Fault

Proving fault requires strong evidence. Key pieces of evidence may include:

• Police reports: Officers often note traffic violations and provide an initial assessment of fault.
• Photographs and videos: Images of the accident scene, vehicle damage, and road conditions.
• Witness statements: Neutral third-party accounts can support your version of events.
• Surveillance footage: Traffic cameras or nearby security cameras may capture the accident.
• Vehicle data: Most vehicles have computers that record speed, braking and steering input before a collision.  
• Expert testimony: Accident reconstruction experts can explain how the crash occurred.

The quality of evidence can make or break a personal injury case.

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Common Scenarios and How Fault Is Determined

Some accident scenarios have common patterns of fault:

• Rear-end collisions: Typically, the driver who rear-ends another vehicle is at fault for following too closely or not paying attention.
• Left-turn accidents: A driver making a left turn is usually at fault if they turn in front of oncoming traffic, unless the other driver was speeding or ran a red light.
• T-bone accidents: Fault can depend on which driver had the right of way at the intersection.
• Multi-vehicle accidents: These can be complex, with multiple drivers sharing varying degrees of fault.

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How Insurance Companies Determine Fault

After a car accident, insurance companies conduct their own investigations to determine fault. Their process often includes:

• Reviewing police reports
• Examining vehicle damage
• Speaking with drivers and witnesses

However, it's important to remember that insurance companies are businesses looking to minimize payouts. They may try to shift blame or undervalue claims to protect their bottom line. This is why having an experienced attorney is crucial.

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When Fault Is Disputed

Sometimes, drivers disagree about who caused the accident, especially when the facts are unclear or both parties share some blame. Disputed fault cases often involve:

• Conflicting witness statements
• Lack of clear evidence
• Complex accident scenarios

In these situations, the injured party may face challenges in securing fair compensation. Disputes over fault can delay claims and lead to reduced settlement offers.

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Hulburt Law Firm: The Role of Attorneys in Fault Determination

An experienced personal injury attorney plays a vital role in proving fault and protecting your rights. At Hulburt Law Firm, our San Diego Car Accident Attorneys conduct thorough investigations by:

• Collecting and preserving evidence
• Consulting with accident reconstruction experts
• Interviewing witnesses
• Challenging insurance company determinations

Conor and Leslie Hulburt, founders of our firm, are both award-winning trial attorneys dedicated to uncovering the truth and holding negligent drivers accountable. Their extensive experience in handling catastrophic injury and wrongful death cases ensures that every client receives the attention and advocacy they deserve.

The Truth Demands Justice—and we are here to fight for the compensation you need to heal and move forward.

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Related Content:

• The Insurance Claims Process After a Car Accident in San Diego: What You Should Know
• The Role of Car Accident Attorneys: Why You Need Legal Help After an Accident in San Diego

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