Whenever drivers get on the road, the hope is that they can get to their destinations without any incidents or harm. Unfortunately, car accidents are a common occurrence, especially on busy Southern California roads. More often than not, these car accidents result in personal injuries.
When an individual is injured in a car accident, that person deserves to be compensated for their injuries. With the help of the best Santa Clarita car accident lawyer, the victim can obtain this compensation by bringing a personal injury claim. However, to get this compensation, it is necessary to determine one very important thing: who is at fault for causing the accident?
Determining Fault
Determining fault after a car accident is crucial. Not only does this help the victim identify who to bring their personal injury claim against (i.e. who will be the defendant in their claim), but also because this fact can determine if and how much an injured person can recover for their injuries.
- If another driver is at fault for causing the car accident: When another driver is found to be at fault for causing the car accident that resulted in your personal injuries, that driver is responsible for covering the full costs of your injuries. You can receive compensation from the driver at fault, generally through their insurance company, for the costs and losses caused by your injury. This compensation can be received for expenses such as hospital bills, physical therapy costs, and medicine expenses. It can also be received for lost wages if you had to miss work, or for the pain and suffering you experienced.
- If you are partially at fault for causing the car accident: Even if you are partially at fault for causing the car accident that resulted in your injuries, you may still be able to receive some compensation for your injuries. California is a comparative fault What this means is that liability can be split up into a percentage. For example, another driver can be found 75% at fault for causing an accident, and you can be 25% at fault for causing an accident, if you both contributed to the accident. In case, you can still recover for the damages associated with your injuries, but can only recover 75% of your damages, since you were 25% at fault.
Trying to determine fault and prove that another driver’s negligence or intentional act was the cause of the accident can be difficult. After an accident, a few things can be helpful in showing that another driver was at fault including:
- Making a police report–Police reports aren’t always perfect, but they can be very helpful. This report generally states what happened, right after it happened. It can be used to show that the other party is responsible for causing the car accident.
- Talking to Witnesses–witness statements can help describe what happened and show that another person was at fault. These days, a witness may even have a video of the accident that can be helpful in proving fault.
- Contacting the Best Santa Clarita car accident attorney–A skilled attorney can help with an investigation of the accident. The attorney will know what to look for, such as accessing available surveillance footage, to show another driver was at fault.
At The Law Offices of Gary K. Walch, we have years of experience helping clients prove fault and obtain financial compensation for their car accident injuries. We offer a FREE case consultation, so call us today at 844-999-5342 to get help with your claim.
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