Car accidents are a leading cause of accidental injuries and deaths each year, and these incidents generate billions in economic losses in the state. When you or a loved one is involved in a car accident, it is natural to have lots of pressing legal questions about how you can recover from the incident and recoup your financial damages. If another party caused the crash, one of your most important questions is how you can prove their fault.
Understanding California’s Fault Rule
Proving liability for a car accident is an essential first step in recovering your damages. The state upholds the fault rule for motor vehicle crashes, so the driver responsible for causing an accident absorbs liability for all the damages they inflicted on others with their actions. Recovery from a car accident is likely to begin with an auto insurance claim against the at-fault driver, followed by a personal injury suit when insurance alone cannot compensate your damages. However, proving liability is essential before proceeding with either of these recovery efforts.
Every driver in the state is required to carry auto insurance, and this insurance comes into play whenever a policyholder causes an accident. However, dealing with insurance companies can be very stressful, and there is no guarantee that the driver who caused your recent accident will readily accept responsibility for their actions. Once you address the immediate aftermath of a car accident, you should speak with an attorney you can trust to help prove liability and secure maximum compensation for your damages.
How You Can Prove Fault for Your Recent Car Accident
A few of the most common causes of car accidents include distracted driving, speeding, driving under the influence (DUI) of drugs or alcohol, and reckless driving. No matter how your accident occurred, you will need to gather evidence and witness testimony to legally establish liability for your damages.
An experienced attorney is the ideal resource to consult for this type of case. They can help gather evidence, such as vehicle computer data and cell phone records from the at-fault driver. For example, you may need to prove they were texting while driving during the moments prior to the collision. Traffic camera recordings can also be incredibly helpful to your recovery efforts if they captured the accident in real time. When witnesses see your accident firsthand, gathering their statements can be pivotal in your recovery efforts.
Working with a seasoned car accident attorney can not only make proving fault for your accident easier but can also enhance the total compensation you win from the at-fault driver. Kreeger Law Firm has years of professional experience in personal injury law, and our firm has successfully represented many past clients in a wide range of complex cases. Whatever your case requires, you can rest assured that our team will do everything we can to streamline your recovery process by obtaining the evidence you need to prove fault as quickly as possible after your accident.
Q: How Does Car Insurance Work When You Are Not at Fault?
A: California’s fault rule states that the driver who caused an accident is liable for the resulting damages. If you did not cause a crash, you have the right to file a claim against the at-fault driver’s insurance. If they do not have insurance, but you have uninsured driver coverage on your policy, you could claim against your own insurance for some initial compensation, and this won’t negatively impact your insurance premium rate.
Q: How Do I Prove Fault for a Car Accident?
A: Proving fault for a car accident typically requires multiple forms of evidence, such as digital records from vehicle computers, driver cell phone records, traffic camera recordings, and statements from eyewitnesses who saw the accident happen firsthand. You may also need input from expert witnesses who can clarify the complex details of how your accident happened.
Q: Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
A: It is always advisable to hire legal counsel to help you recover from any car accident resulting in substantial damages. The right attorney can significantly improve your experience in your recovery efforts, streamlining the process of obtaining compensation for your damages. They can help file an auto insurance claim and resolve any disputes with the at-fault driver’s insurance carrier, and when it comes time to file a personal injury case, they can significantly improve your chances of success.
Q: How Long Do I Have to File a Personal Injury Claim for a Car Accident?
A: California law upholds a two-year statute of limitations for personal injury claims. This means you have two years from the date your accident happened to file a civil suit against the driver who caused the accident. You have a shorter time in which to file an auto insurance claim after a car accident, so it’s ideal to speak with an attorney as soon as possible after receiving medical care for your injuries.
Q: How Long Does It Take to Recover Compensation for a Car Accident?
A: With the right attorney handling your case, it should only take a few weeks to recover compensation from your auto insurance claim, but if you must file a personal injury claim as well, it will take longer to resolve. A good car accident attorney can potentially settle your case within a few weeks, but if you need to take your case to court, it may take several months. The sooner you begin your recovery efforts, the more likely you are to resolve these legal proceedings in a timely fashion.
Kreeger Law Firm can provide the comprehensive legal counsel you need after a car accident. We have helped many past clients maximize their auto insurance claim settlements and navigate subsequent personal injury cases with confidence. Whatever your case entails, you can rest assured that our team can provide the ongoing support you need to recover as fully as possible. Contact us today and schedule a free consultation to learn more about the legal services we offer.