When a car accident happens in Orange County, the first thing everyone wants to know is who is at fault. It seems that no one, including the person who caused the accident, wants to accept responsibility. Determining liability, or guilt, is necessary for both insurance companies and there are a number of factors that determine liability.
How is Fault Determined in California Car Accident?
California is a pure comparative negligence state. In a pure comparative negligence jurisdiction, each party is only liable for his or her percentage of fault and the plaintiff is able to recover damages, even if he or she contributed to the accident. In other words, if two people are involved in a car accident and file a lawsuit, the judge or the jury would determine the amount that each person contributed to the wreck. If the defendant is found to be 65% at fault and the plaintiff is found to be 35% at fault, the plaintiff would recover 35% of their damages.
Proving Liability in California Car Accidents
If you are hurt in a car accident in Orange County, California and you want to recover financial compensation for your injuries, you must prove that the other driver’s negligence caused your injuries and/or the damage to your vehicle. If you can’t do so, you will likely not be able to receive financial compensation. An experienced auto accident attorney will walk you through this process.
Additionally, the California Vehicle Code is also used to help determine liability. It can be used by your lawyer to convince the court that the other driver violated the law and that the violation was a serious contributing factor to the accident.
Evidence of Liability
If you are involved in a car accident, there are certain steps you must take (for more on next steps after an accident, click here). For example, documenting the scene with photos and video is key. One of the most important reasons for this is that it can take time to schedule a trial if you decide to file a lawsuit. These photos can be very beneficial to your lawyer and to help refresh your memory.
For more information on what to do after you or a loved one has been injured in an Orange County car accident, contact the experienced accident attorneys at Dennis Law Group today.