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How Fault Is Determined in a Car Accident

California is not a no-fault state. The state applies at-fault negligence laws. This means that as the victim of a car accident, it is your responsibility to prove liability of another party in order to claim compensation.

There are two methods commonly used to determine fault in car accidents in California:

1. Proving negligence

This method involves proving that the other driver was responsible for causing the accident using the common law theory of negligence. You must show that the other driver was not operating the vehicle with enough care at the time of the accident. This can be done using police reports and witness statements. Hiring a car accident lawyer Oakland in CA residents trust will give you access to investigatory tools that can also be used to prove that the other driver’s negligent actions caused the accident that resulted in damage of property or your injuries.

2. Proving violation of a statute

The other driver can be found at fault for the accident if they can be shown to have violated a provision of the California Vehicle Code. You will also need to show that this violation is what caused your accident. For example, if the driver was driving over the speed limit when the collision occurred, they will be presumed to have been negligent and will therefore be held responsible for causing the accident.

Demonstrating negligence when the driver has been shown to have violated a statute is easy. This is because the statutes were designed to prevent car accidents in the first place.

Comparative negligence

It is also important to note that California operates under comparative negligence theory. This means that more than one party can be held responsible for the accident. Your compensation will be reduced based on the percentage of responsibility you had in causing the accident. For example, if you were found to be 10% responsible for the car accident, you will only be awarded 90% of the compensation.

Be sure to hire a car accident attorney Oakland, CA residents trust for great results to improve your chances of getting just compensation.

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