Car accidents are an unfortunate reality of modern life. In California, they’re a particularly big risk given how essential car travel is for most residents and visitors. Auto accidents can happen to anyone, at any time, potentially resulting in major property damage, injury, and even death.
Understanding fault and liability according to California car accident laws is crucial for drivers and passengers alike. You’ll be better prepared for the sometimes-lengthy aftermath of car accidents in California if you know what might happen ahead of time.
Fault in California Car Accidents
Determining fault is critical to assigning responsibility among the individuals involved in an accident.
How Insurance Companies Determine Fault
In California, accident investigators working for insurance companies, look closely at all circumstances surrounding the incident . These can include the actions of drivers, passengers, or pedestrians involved in the accident, road conditions, vehicle speed, the possibility of intoxication, and any other relevant factors.
Is California a No-Fault State?
No. California is a fault state . As such, any driver found to be at fault for a car accident may be held liable for any damages or injuries resulting from the accident. This can include property damage, medical expenses, lost wages, and other associated costs.
In a fault state like California, insurance companies play a major role in determining fault and liability in car accidents. In fact, unless the accident involves a prosecutable criminal offense, like vehicular manslaughter, auto insurers usually have the final say on who’s at fault.
What Are the Different Types of Fault?
There’s no single definition of an at-fault accident in California. Several different types of fault can apply to car accidents. These include:
- 1. Negligence: Negligence refers to a failure to exercise reasonable care when driving. A driver who’s texting while at the wheel and causes an accident may be considered negligent.
- 2. Recklessness: This term refers to a deliberate disregard for the safety of others. For example, if a driver is racing on the highway and causes an accident, they’re more likely to be judged as reckless than negligent.
- 3. Intentional misconduct: California car accident laws define intentional misconduct as deliberate acts that cause accidents, such as a drivers who intentionally run red lights.
- 4. Strict liability: In cases of strict liability, the driver is automatically considered at fault, regardless of whether they were negligent or reckless. For example, ia driver who hits a pedestrian in a crosswalk, has a strong possibility of being viewed as strictly liable.
Determining fault is not always straightforward, as there may be multiple factors contributing to an accident. If two drivers involved in a car accident were speeding, not paying attention to the road, or some combination of both, they might share the fault if they were both speeding or not paying attention.
California uses a comparative fault system to assign the degree of fault for each driver. Damages are awarded accordingly based on each driver’s percentage of fault.
Liability in California Car Accidents
Liability refers to legal responsibility for an accident. Under California car accident laws, it determines who is financially responsible for any damages or injuries resulting from the incident. The party or parties deemed responsible for an at-fault accident in California are typically held liable for costs stemming from any damages or injuries.
What Are the Different Types of Liability in California
- 1. Negligence liability: This is the most common type of liability, and it occurs when a driver fails to exercise reasonable care when driving, resulting in an accident. To prove negligence liability, it must be shown that the driver had a duty to exercise reasonable care, that they breached that duty, and that the breach caused the accident.
- 2. Vicarious liability: This type of liability arises when someone is held responsible for the actions of another person. For example, an employer may be held vicariously liable for the actions of an employee who causes an accident while driving a company vehicle.
- 3. Product liability: With product liability, a defective product, such as a faulty part, is deemed to be the cause of an accident. In these situations, the product’s , manufacturer or distributor may be held liable for any resulting damages.
- 4. Intentional tort liability: This type of liability applies when someone intentionally harms another person or damages their property. A driver who intentionally rams their car into another vehicle could be held liable for damages based on intentional tort liability.
- 5. Strict liability: This type of liability applies in cases where a driver is automatically considered at fault, regardless of whether they were negligent or reckless. Strict liability may apply in situations such as when a driver hits a pedestrian in a crosswalk or when a driver rear-ends another vehicle.
Determining liability is much like the process of how insurance companies determine fault. They review police reports, witness statements, photographs or video footage, and any other relevant evidence.
Liability is a more delicate matter than fault, because it more specifically determines any financial obligations of those involved in an accident. It also has more financial bearing on insurers.
If an insurance company determines that their policyholder was at fault for the accident and the customer has applicable liability coverage, they’ll typically pay for any damages or injuries that result from the accident up to the policy limit.
However, if the individual is liable for anything outside the policy’s financial scope (or an action their coverage doesn’t address), any insurance claims the policyholder files won’t matter.
California Car Accident Laws’ Effects on Fault
In addition to evidence from the scene of the accident, insurance companies must also consider any applicable traffic laws and regulations when determining fault. For example, if a driver runs a red light and causes an accident, they will likely be considered at fault.
Insurance companies may not always agree on who is at fault for an accident. In these cases, a court hearing might be necessary to determine fault and liability.
What Happens After a Car Accident That is Your Fault?
If you’ve been involved in a car accident in California, you’re likely wondering whether you’re at fault. Fault is not always clear-cut. A thorough investigation might be necessary to determine who’s legally eat fault for the accident.
If you’re found to be at fault for the accident, you may be responsible for paying for any related damages or injuries. Property damage, medical expenses, and lost wages are some of the costs at-fault individuals might be liable for.
Contact your insurance company soon after an accident , though perhaps not before getting in touch with your lawyer. Your insurer will investigate the incident and determine your degree of fault. If you’re found to be at fault, your insurance company may pay for any damages or injuries that result from the accident up to your policy limit.
How Does Car Insurance Work When You Are At Fault?
Liability insurance is required by law for all drivers in California. It can cover damages or injuries that result from an accident that’s deemed to be the policyholder’s fault.
California drivers can also buy supplemental collision coverage or fault insurance to give themselves additional protection. Collision coverage applies to any damage to the insured driver’s vehicle in an accident, regardless of who’s at fault.
Fault insurance specifically covers damages or injuries from accidents where another driver is at fault.
Motorists don’t have to purchase either of these coverage types under California car accident laws. But if you don’t have them, you’re more likely to have some financial exposure in an accident.
Don’t Face an At-Fault Accident in California On Your Own
Car accidents are often stressful, overwhelming experiences. But if you don’t understand fault and liability under California car accident laws, you might end up blindsided by the consequences .
Contact an personal injury lawyer at the May Firm as soon as possible after your accident occurs and put expertise on your side. We’ll also help you deal with law enforcement, insurance companies (including your own), and the accident’s other parties (and their attorneys).
Contact a California Car Accident Lawyer Today
Disclaimer:
The content in this article is provided for general informational purposes only and may not represent the current law in the recipient’s jurisdiction. The content and information should not be construed as professional legal advice from The May Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.
Any and all information included in, or accessible through, this article should not be used to act or refrain from acting without the appropriate legal or other professional advice from a lawyer licensed in the recipient’s appropriate jurisdiction. Any reliance you place on such information is strictly at your own risk.
