Car accidents can be a traumatic experience, leaving you feeling confused and disoriented. Apart from the physical injuries, you may also have to deal with legal issues that arise after an accident. One of the most significant questions that arise after a car accident is – who is at fault? Determining fault in an accident can be challenging and confusing, but it's crucial to determine liability for insurance purposes and legal proceedings. In this blog post, we will discuss how California courts determine liability in a car accident.

In California, determining fault in car accidents involves several factors. The state follows comparative negligence laws, which means that each driver involved in an accident can be held responsible for their percentage of fault. To determine fault, the court looks at several factors such as traffic rules violation, speed limit violations, drunk driving or DUI charges, distracted driving charges (such as texting), witness statements, police reports, etc.

California law requires drivers to carry auto insurance policies with minimum coverage limits of 15/30/5 (i.e., $15k per person/$30k per accident for bodily injury liability and $5k for property damage liability). If an individual is found responsible for causing an accident and damages exceed their policy limits, they may be held personally liable for additional damages.

If both parties involved in an accident are partially at fault or equally responsible for causing the collision, determining liability becomes even more complicated. In such cases, the court applies the pure comparative negligence rule. This rule allows each party to recover damages based on their percentage of fault. For example - if it's determined that one driver was 60% responsible while the other was 40%, then the 60% driver would pay 60% of all damages incurred by both parties.

If you have been injured in a car accident due to someone else's negligence, you may be entitled to compensation for damages, including medical bills, lost wages, property damage, and pain and suffering. California follows the 'at-fault' system, which means that the driver responsible for causing the accident must compensate the other party. However, insurance companies often try to shift blame or offer low-ball settlements to avoid paying full compensation.

At Law Office of Cierra Esq. APC, we can assist you with personal injury matters resulting from car accidents in California. Our experienced attorneys can help you navigate complex legal proceedings and recover maximum compensation for your injuries.

Determining fault in a car accident is a crucial aspect of dealing with the aftermath of an accident. It's essential to have a basic understanding of how liability is determined in California courts if you're involved in a car accident. The state's comparative negligence laws make determining fault somewhat complicated. However, with the assistance of an experienced personal injury attorney at Law Office of Cierra Esq. APC, you can ensure that your rights are protected and that you receive fair compensation for your damages and injuries incurred during an accident.