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San Diego Car Accidents & Injury Lawyers

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How Is Fault Determined After a Car Accident?

You were recently involved in a car accident, so you must file an insurance claim. However, you now have the arduous task of proving that the other driver was at fault. You’re not exactly sure what the process entails or how to strengthen your claim.


The truth is that determining fault can be difficult, especially if no one was around to witness the accident. The good news is that we can explain all the components you need to show that the other driver is responsible for covering the damages. Here are the ways our car accident attorneys determine fault:


Knowing the Drivers Involved

The first step in investigating an at-fault car accident is identifying all the drivers involved. Keep in mind that it’s common for the other driver to accuse you of causing the accident, but sometimes they’ll admit fault. To seek damages, you must obtain contact and insurance info from everyone involved and communicate that to your personal injury lawyer.


Obtaining Evidence

The most crucial step in determining fault is to collect evidence that supports your claim. You often have to take action immediately after the accident and retrieve whatever you can from the scene. Here are a few key pieces of evidence:


  • Videos and photographs of the crash site
  • Witness statements
  • Proof of injuries (medical records, doctor’s visits, pictures of injuries, etc.)
  • Proof of damages (auto repair and service records)


You should go ahead with gathering and producing evidence as soon as possible. The longer you wait, the more difficult it’ll be to collect all the information relevant to your case. Ultimately, your job is to prove that the other driver is at fault.


Police Reports

The police will also write a report of the accident containing information about the cause. Police reports are another piece of the puzzle used when investigating an at-fault car accident. Most insurance companies will review the police report when an accident claim is filed.


Insurance Companies

The insurance companies have the final say when investigating a car accident claim. They decide to fulfill the claim or deny it based on their own findings. Remember, if the other driver is at fault, you have every right to seek compensation through their insurance policy.


Can you fight an at-fault accident?

Yes, you can always challenge any accident claims made against you. You can dispute any findings about who’s at fault, and you can also file a counter-claim. Remember, to win your case; you have to prove through evidence that the other driver is responsible for causing the accident.


Comparative Fault

Keep in mind that California’s “comparative negligence” laws assign fault to both drivers. You could be awarded the majority of the damages owed from the accident. However, some circumstances can alter the level of responsibility of each driver.


For example, the courts could reduce someone’s percentage of fault in the case. Instead of having 100% responsibility, they could be liable for 90% of the damages based on how the law applies to the case. This will reduce the compensation that the at-fault party has to cover.


Contact HHJ Trial Attorneys in San Diego

Our team serves a large number of Californians who’re going through the claims process. Our job is to build your case by gathering evidence before negotiating a settlement on your behalf. Schedule an appointment with us today, and we can devise a plan for you to recover maximum compensation.


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