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Determining Fault in a Car Accident

Man holding onto steering wheel in car

After a car accident, there are a million things going through your head. The big question especially may be: am I at fault for this? Although we cannot give you a direct answer as each case is different, we can provide you with a better understanding of how to determine fault.

Negligence in Car Accidents

Every driver owes everyone on the road a duty of care. When that duty is breached, a person can cause a severe accident. You can breach this duty by:

  • Using a phone while driving
  • Speeding
  • Driving while impaired

Understanding how these accidents occur can help prevent them. By avoiding the actions listed above, you can reduce your risk of accidents and keep the roads safe for everyone.

Who Can I Hold Liable?

You can hold the other party liable if you can prove these three things:

  1. The defendant owed the victim a duty of care.
  2. The defendant breached that duty through negligence.
  3. The defendant’s negligence was the result of the victim’s injuries.

For example, liability may be easy to prove if you were hit while at a stoplight; however, you may be partially at fault if you were hit while changing lanes illegally.

Pure Comparative Negligence

If you were injured by someone else's fault, you have the right to seek damages for medical bills, pain and suffering, lost wages, etc. Even if you know you weren’t at fault, insurance companies will do their best to try and give you the minimum amount of compensation possible. Because California follows pure comparative negligence laws, your recovery as a plaintiff can be reduced if you show any signs of liability.

Can Both Parties Be at Fault in a Car Accident?

Fault can be assigned to both parties involved in a car accident.

In California, you are allowed to file a personal injury claim even if you are found partially responsible for the accident. However - the amount of blame against you will affect how much money you receive. 

Los Angeles Car Accident Attorneys

Here at Biren Law Group, we have experienced attorneys who are able to help you determine liability in your accident. If you are ready to seek justice or just have questions pertaining to a potential case, we suggest contacting our office for a no-risk, free consultation.

Call our office at (310) 896-4345 or visit our Contact Us page to get started on your appointment with one of our attorneys.