When it comes to car accidents, California is a fault state. That means that the driver who is found to be at fault is solely responsible for any and all damages, compensation, and reimbursement to the injured party. If you have been involved in a car accident in Riverside and are seeking compensation, you should reach out to a Riverside car accident lawyer soon.
Determining fault in a car accident involves thorough investigations, examining medical and police records, arguing in court, seeking insurance claims, and so much more. Getting legal support is crucial to a positive outcome after a car accident.
How Can a Lawyer Help?
It can be stressful and infuriating to navigate life after a vehicle accident, especially while also dealing with insurance companies and other parties seeking damages. Having an experienced car accident or personal injury lawyer in your corner can make all the difference. They will conduct their own independent investigation parallel to the police and insurance investigations to determine, in their eyes, who is at fault. In their investigation, your lawyer may:
- Carefully review the police report and the insurance company report. There could be inconsistencies that would potentially damage your accident claim down the road. It would be most beneficial to find those at an early stage in the investigation.
- Look at interviews conducted with any potential witnesses if they were filmed. If not, they may go and interview these witnesses separately for themselves to see if the stories match up with the statements obtained by the police.
- Obtain any security footage of the accident and review it thoroughly. If the accident was caught on video, it would be considerably easier to determine who was at fault for the accident. It will also make it more difficult for any party to refute the at-fault determination.
- Review past records of the crash site. If this is only one of many constant accidents in the same area, the fault may lie with the city or state government. It is important to establish a potential timeline of events if one exists.
- Inspect the crash site on their own. A thorough investigation involves making your own determination about how things may have unfolded. Investigating the crash site and uncovering any evidence that may have been overlooked is paramount to building your case.
- Review your medical records. Your lawyer’s investigation will involve going through your medical records following the accident and learning more about any injuries you may have sustained. They may also have an independent medical expert examine your medical records and see if they agree with your course of treatment and diagnosis.
- Ensure your proper treatment. You may not feel you were injured in the accident, but you need to see a doctor anyway to document your immediate physical and psychological health following the accident. There may be symptoms that show up days or weeks after the accident that could be detrimental to your health and need to be documented. Your lawyer will fight to ensure your medical bills are covered in your compensation.
- Gather evidence in a timely manner. If you do not act fast while gathering evidence, it could potentially be destroyed, covered up, or misplaced. Your lawyer will intervene in the evidence-gathering process to help make sure nothing is overlooked or mishandled.
- Negotiate with insurance providers. Your lawyer will represent your interests during the claim process. That includes negotiating with the insurance companies, who have likely retained their own lawyers and started their own investigation to place the blame at your feet. The insurance company’s goal is to give you the lowest amount of financial compensation they possibly can. An experienced lawyer can make sure they pay you the right amount.
FAQs
Q: How Does an Insurance Company Decide Who Is At Fault in a Car Accident in California?
A: To determine who is at fault in a car accident, the insurance companies will assign an insurance adjuster to handle each specific claim. The adjuster talks to the involved parties, reviews medical records, looks at the police report, and ultimately determines who is at fault in the accident. They will write up a report of their findings and send it to the insurance company, who will then make a final, informed decision on the claim.
Q: How Does California No-Fault Insurance Work?
A: No-fault insurance exists to help ensure that you and your passengers’ medical expenses are covered in the event of an accident, regardless of who is determined to be at fault. It does not cover vehicle damage or theft. However, since California is a fault state when it comes to car accidents, no-fault insurance is irrelevant in California. The party who is deemed at fault is responsible for reimbursing the injured party for all property damage and resulting injuries.
Q: Who Is Liable for a Car Accident in California?
A: The driver who is found to be at fault for the accident is liable for any and all damages that occurred as a result of the crash. This includes medical bills, property damage, therapy bills, lost wages, and any other costs associated with the accident. Insurance companies play a big role in determining who is at fault and will ultimately decide which party is responsible for the accident.
Q: Can You Sue an At-Fault Driver in California?
A: You may absolutely sue an at-fault driver in California. You can sue for pain and suffering, vehicle damage, intentional misconduct, or anything that has made your life difficult since the crash. An experienced car accident attorney can help you determine the most appropriate course of action for your lawsuit and how to go about pursuing a pain and suffering claim.
Contact the Car Accident Lawyer You Need
The aftermath of a car accident can be treacherous, unpredictable, and immensely stressful. But it doesn’t have to be. With the help of a skilled car accident attorney, you can rest easy knowing your claim is in safe hands with someone who knows what they are doing. At My SoCal Lawyers, our team is ready to support you while handling all the resulting issues from the car accident. Contact us today to schedule a consultation. We have your back.
