Car accidents make up the majority of personal injury cases in California and throughout the rest of the country. The parties that caused the accident are liable for paying damages to injured individuals, but the at-fault party is not always another driver as many people assume. Manufacturers of defective car parts, governments responsible for unsafe road conditions, and other parties can all be found liable in a car accident. If you have been in a car accident, it is important to speak to a Sacramento car accident lawyer who can determine which party was at fault in your accident, and help you recover the full amount of compensation you need.
Determining Fault in a Car Accident CaseFault in a car accident refers to the party who acted negligently, and whose negligent actions caused the crash. Some of the most common forms of negligence include speeding, driving while texting, drunk driving, and failing to yield the right of way to other drivers.
California’s negligence laws state that when a driver acts carelessly and causes an accident that results in injury or loss to another person, the injured party can hold the negligent party liable for paying damages. The individual who has been hurt must show the other party was responsible for the crash, and that their injuries are the direct result of the accident.
Determining fault is one of the most challenging aspects of a car accident case. A car accident attorney in Sacramento can help you determine liability and evaluate your losses.
Comparative Negligence in CaliforniaDetermining fault in a car accident case becomes even more difficult when there is more than one negligent party. For example, a motorist may have been traveling well over the speed limit, but defective brakes prevented them from stopping before they hit another vehicle. In this example, the motorist is liable for speeding, while the manufacturer is also liable for failing to ensure their product was safe.
When more than one party is at fault for an accident caused by negligence in California, injured individuals can claim damages even if they were partly at fault. California follows the system of pure comparative negligence, which allows anyone hurt in a crash to claim compensation.
Even if victims are 99% at fault for an accident, they can still claim compensation for their injuries. In the example above, the speeding motorist could still file a claim against the manufacturer. Anyone else injured could file a claim against both the negligent driver and the brake manufacturer.
Our Sacramento Car Accident Lawyer can Help With Your CaseBeing involved in a car accident can leave you confused and dealing with a number of injuries. This is a time for you to focus on your recovery, not to deal with the hassle of a personal injury claim. At Brod Law Firm, a car accident attorney in Sacramento can determine who was at fault for your crash, and file your claim in a proper and timely manner so you secure the full amount of compensation you need. Call us today at (800) 427-7020 or contact us online to schedule a free case evaluation and to learn more about how we can help.