When someone causes a car accident in California, they can be liable for another party’s resulting damages. Liability essentially means being responsible for a victim’s resulting damages, which might include costs of current and future medical treatment, lost wages and disability, and even things like pain and suffering.
Determining liability can be complicated and, in many cases, extend beyond one single party. That's why it's advised to consult with an expert car accident attorney in Sacramento.
How is Liability Established?
Under California state law, anyone who contributes to a motor vehicle accident - in whole or in part - will be liable. Most often, liability is based on a party’s negligence. Negligence means that a party fails to act reasonably under the circumstances and creates a situation in which another person is injured or killed.
A person may be liable for a car accident if they:
- Text and drive
- Drive while distracted in some other way
- Drive under the influence of drugs or alcohol
- Speed
- Make unsafe or illegal turns
- Follow another vehicle too closely
- Fail to conduct necessary vehicle inspections and maintenance
- Drive while fatigued
- Run a red light or stop sign
All of these things demonstrate a failure to reasonable care. When these types of behaviors cause a car accident, a person will be on the hook for damages sustained by anyone who is injured or killed in the wreck.
In some situations, a party might be strictly liable for a car accident. Strict liability means that the party is automatically responsible for crash-related damages under the law, regardless of whether they were negligent. For instance, a vehicle manufacturer could be strictly liable if a defective vehicle component caused a collision.
How Does Shared Liability Affect a California Car Accident Settlement?
Again, everyone who contributes to a car accident - directly or indirectly - will be liable. This includes crash victims.
Under California’s pure comparative negligence system:
- You’ll be responsible for another victim’s damages to the degree to which you are responsible for causing a car accident, and
- Your damages will be reduced in direct proportion to fault.
For instance, let’s say you’re injured in a recent car accident in Los Angeles, California. Your damages are valued at $100,000. However, you’re assigned 25 percent liability for the wreck because you were speeding. As a direct result, you’ll be liable for 25 percent of other victims’ damages and see a 25 percent reduction in the damages you can recover. So, your maximum take-home award will be limited to $75,000.
California Follows Fault-Based Insurance Rules
California is an at-fault state for auto insurance. So, the at-fault party’s insurance company will be liable for crash-related damages. If someone else caused your recent car accident in California, you can file a claim with their insurance company for benefits up to their policy’s limits.
Don’t stress out about figuring out who caused your crash, who’s liable, or how to get the compensation you need to get back on your feet. Call Singleton Schreiber, and trust our San Diego auto accident lawyers and Santa Rosa car crash attorneys to help you make the most of your fight for compensation.
We’re award-winning litigators who’ve helped clients win over $2.5 Billion in damages. Discover how we can help you, too. Call one of our California law offices - located in Los Angeles, Sacramento, San Diego, and Santa Rosa - to set a time for a free consultation today.
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