Proving fault for a car accident is vital to receiving the compensation you deserve for your injuries. In certain cases, it is relatively simple to determine who was at fault for a crash, but unfortunately, things rarely go so smoothly. Establishing that another driver was negligent can be a complicated issue.
If another driver is clearly at fault for your car accident, that doesn’t mean their insurance company will not attempt to place the blame on you. Here are some examples of evidence that attorneys use to prove fault in an accident claim.
California courts follow the rule of “comparative negligence,” which can significantly reduce the amount of compensation you recover based on your percentage of fault.
For instance, if you are awarded $10,000, and an insurer successfully proves you were 60 percent at fault for your accident, you will only receive 40 percent or $4,000. Making it all the more important to work with an experienced car accident attorney who understands the type of evidence you need to prove the other driver is liable.
It takes more than an injury to prove that another driver is at fault for an accident. With the available evidence, you must be able to establish the following four elements to be successful in a personal injury lawsuit:
Proving negligence can be complex, and your actions immediately following an accident are critical. Once you have addressed any injuries, notify law enforcement, take photos of the scene, ask witnesses and the parties involved for their contact information, see your healthcare provider, notify your auto insurer, and track your expenses.
If there is a dispute regarding fault in your recent car accident, contact CaseyGerry. Our Car Accident Lawyers in San Diego will ensure your rights are protected. Contact us online or by calling (619) 238-1811.