Some states around the country are no-fault, meaning that the assignment of fault in a car accident is not necessarily as important for determining financial responsibility.
However, fault is a critical factor for determining who is responsible in an accident, and fault in California is identified by examining all of the circumstances of the accident, including the road conditions, the drivers involved and any other relevant details. California is a fault state, which means that any driver who was found at fault for a vehicle accident could be held liable for injuries or damages caused by that accident.
This can include things such as loss, wages, property damage, medical expenses, and any other costs associated with the accident. Insurance companies are critical for determining the assignment of fault in California car accidents. Insurance companies often carry out investigations to identify who was at fault, looking at a variety of evidence like witness statements and police reports.
There are several different types of fault that may apply in your vehicle accident case, including strict liability, recklessness, intentional misconduct and negligence. Strict liability refers to those situations in which a driver is classified as automatically at fault due to reckless or negligent behavior, such as striking a pedestrian who was walking in a crosswalk. Recklessness refers to disregard for the safety of others, such as a person who is racing on the highway.
Intentional misconduct includes things like running a red light, and negligence refers to failure to exercise reasonable care when driving. You may be able to illustrate this in cases in which someone was texting and driving, for example. For more assistance with filing a lawsuit and determining your next steps, sit down now with a personal injury lawyer in San Francisco.