Posted in Car Accidents on December 21, 2020
If you or a loved one have been involved in a car accident caused by the careless or negligent actions of another driver, it is going to be crucial that you are able to prove that another party did indeed cause the accident. Unfortunately, proving you were not at fault for a crash may be more challenging than you think. Here, our accident lawyers in Long Beach want to discuss how to prove you were not at fault and why this is so important when it comes to receiving compensation for your losses.
California is a Fault-Based Car Accident State
California operates under a fault-based system when it comes to vehicle accident compensation. This means that the party found to be responsible for the crash will be on the line to pay a victim’s medical bills, lost wages, and other losses.
However, California also operates under a “pure comparative negligence” system in which more than one party can share fault. An injury victim can still recover compensation if they are found to be partially responsible for a crash, but they will receive a reduced amount based on their percentage of fault. This is why at-fault parties and insurance carriers regularly try to place some of the blame on another party involved – it lowers their ultimate financial liability.
Proving You Were Not At Fault
Even if the other driver’s liability appears to be clear cut, their insurance carrier will likely try to point the finger at you in an effort to reduce the amount of money they payout in a claim. However, there are various steps that crash victims can take to help prove fault in the case.
- Take photographs. If it is safe to do so at the scene, and if a crash victim is not seriously injured, they can use their smartphone or another type of camera to take photographs of evidence. This can include vehicle damage, injuries, skid marks, debris, traffic and weather conditions, causes of the crash, etc.
- Look for video cameras. Injury victims should make a note of any vehicle cameras that may be in the area on nearby buildings, homes, or inside vehicles. The video footage could prove to be valuable evidence.
- Contact the police. The police need to come to the scene of just about every car accident. The police officer will conduct a preliminary investigation and ensure that they fill out an accident report that may notate who they believe was at fault.
- Get eyewitness information. If there were any eyewitnesses to the crash, you need to get their names and contact information so that they can be contacted by insurance carriers or become witnesses in a personal injury trial.
Work with a Skilled Lawyer
If you or somebody you care about has been injured in an accident caused by the actions of another driver, you should seek assistance from a skilled Long Beach personal injury lawyer as soon as possible. These cases can become incredibly challenging, but an attorney can use their resources and legal expertise to help prove fault for the case. An attorney will conduct a complete investigation into the incident and stand by your side every step of the way.