Car accidents in Los Angeles County can happen in an instant, often resulting in serious injuries and unexpected expenses. Michael D. Waks is an experienced car accident lawyer dedicated to helping victims recover damages for medical bills, lost income, and pain and suffering. He understands the local traffic laws and insurance processes, ensuring your case is handled with precision and care. Call Michael D. Waks at (888) 394-1174 for a free consultation to discuss your options and start the process of protecting your rights after a car accident.

How Fault Is Determined in California Car Accidents

Car accidents are a common occurrence on California roads, especially in densely populated areas like Los Angeles County. When a crash happens, one of the most important questions that follows is who was at fault. Determining responsibility affects who pays for damages, medical expenses, and other losses. California’s legal system has specific rules for assigning fault, and understanding how those rules work can make a major difference in protecting your rights after an accident.

Understanding California’s Fault System

California is an “at-fault” state, meaning the person responsible for causing an accident is also responsible for the resulting damages. This differs from “no-fault” states, where drivers file claims through their own insurance regardless of who caused the crash. In California, the person who is determined to be at fault—or their insurance company—must pay for the other driver’s losses, including vehicle repairs, medical costs, and other related expenses.

However, determining fault is not always straightforward. Car accidents often involve multiple drivers, conflicting accounts, and unclear evidence. This is why it’s important to know how fault is evaluated and what factors influence the decision.

How Fault Is Investigated After a Crash

After an accident, several parties may take part in determining fault. This typically includes law enforcement officers, insurance adjusters, and sometimes attorneys. Each will conduct their own investigation based on the available evidence.

Police officers who respond to the scene will collect information, interview witnesses, and sometimes issue citations if a traffic law was violated. Their findings are summarized in a police report, which becomes a key piece of evidence. Insurance companies also carry out their own investigations, reviewing statements, photos, medical records, and the police report to decide who was responsible.

If a lawsuit is filed, fault may ultimately be determined by a judge or jury based on all available evidence.

Key Evidence Used to Establish Fault

Several forms of evidence can help show who was responsible for an accident. Some of the most common include:

Police reports: These often include an officer’s observations, statements from both drivers, and any citations issued.
Witness statements: Neutral witnesses can provide valuable insight into what happened, especially when the drivers disagree.
Photographs and videos: Images of vehicle damage, skid marks, road conditions, and traffic signals can support a version of events.
Traffic and surveillance footage: Cameras at intersections, businesses, or nearby vehicles can capture the accident itself.
Accident reconstruction: In more complex cases, specialists may analyze the scene and vehicle damage to recreate how the collision occurred.

Collecting and preserving this evidence is crucial for building a strong case, especially if there is disagreement about who was at fault.

Common Traffic Violations That Indicate Fault

Many car accidents in California are linked to violations of traffic laws. Some of the most frequent include:

Running red lights or stop signs
Failing to yield the right of way
Speeding or driving too fast for conditions
Following too closely (tailgating)
Distracted driving, such as texting or using a phone
Driving under the influence of alcohol or drugs

If a driver was cited for any of these violations, it can serve as strong evidence of negligence. However, even if no citation was issued, fault may still be proven through other evidence and witness accounts.

California’s Comparative Negligence Rule

One of the most important aspects of California car accident law is its comparative negligence rule. This means that more than one party can share responsibility for an accident. Instead of one person being entirely to blame, fault can be divided based on the degree of negligence each party contributed.

For example, imagine two drivers collide at an intersection. One driver ran a yellow light that turned red, while the other was speeding. Both may share part of the blame. If the first driver is found 60 percent responsible and the second driver 40 percent, the compensation each can receive will be reduced accordingly.

This system allows injured parties to recover damages even if they were partially at fault. However, the total amount they can recover decreases in proportion to their level of responsibility.

Insurance Adjusters and Fault Determination

When you file a claim, the insurance company assigns an adjuster to review your case. The adjuster’s job is to determine liability and estimate the value of your claim. They will evaluate all available evidence, including the police report, witness statements, and any physical damage.

While adjusters are supposed to be objective, it’s important to remember that they represent the insurance company’s interests—not yours. Their goal is often to minimize the payout. This is why many accident victims choose to have an attorney communicate with insurance companies on their behalf. An experienced lawyer can ensure that your rights are protected and that fault is assessed fairly.

What to Do If Fault Is Disputed

Disagreements about fault are common in California car accidents, especially when multiple drivers are involved or when the evidence is unclear. If you believe you were wrongly blamed for a crash, there are steps you can take:

Gather more evidence. Obtain copies of the police report, photographs, and witness contact information.
Request a review. You can challenge the insurance company’s decision if you believe their conclusion was unfair.
Consult an attorney. A lawyer can conduct an independent investigation, bring in experts if needed, and negotiate on your behalf.

In some cases, disputes over fault lead to lawsuits, especially when the injuries are severe or the damages are high. A personal injury lawyer can represent your interests in court and work to prove the other party’s negligence.

The Role of a Personal Injury Claim in Recovering Damages

Once fault is established, you can seek compensation for your losses through a personal injury claim. In California, recoverable damages may include:

Medical expenses for treatment, rehabilitation, and future care
Lost wages and loss of future earning capacity
Vehicle repair or replacement costs
Pain and suffering
Emotional distress and reduced quality of life

Your attorney will calculate the full value of your claim and ensure that all current and future expenses are considered.

Time Limits for Filing a Claim

California law gives car accident victims a limited time to take legal action. You generally have two years from the date of the accident to file a personal injury lawsuit. If you only need to recover property damage, the limit is three years.

If a government vehicle or employee was involved—such as a city bus or municipal worker—the deadline is much shorter, typically six months to file an administrative claim. Missing these deadlines can permanently bar you from recovering compensation, so it’s important to act quickly.

Why Legal Representation Matters

Car accident claims can become complicated, particularly when liability is disputed or when multiple drivers share fault. An experienced personal injury lawyer can manage the details of your case, gather critical evidence, and handle negotiations with insurance companies.

Attorneys familiar with Los Angeles County courts understand local procedures and how to present evidence effectively. They can also ensure that your damages are properly documented and that you receive a fair settlement for your injuries and losses.

Protecting Your Rights

Determining fault in a California car accident involves careful analysis of evidence, state laws, and insurance rules. Even when fault seems obvious, it’s common for insurance companies to challenge claims or offer less compensation than what is fair.

By understanding your rights and the process of determining responsibility, you can make more confident decisions and increase your chances of receiving the compensation you deserve. Whether you’re dealing with a minor collision or a serious injury, having the right guidance can make all the difference in achieving a fair outcome and moving forward after an accident.

Move Forward Confidently with a Skilled Los Angeles County Car Accident Attorney

The aftermath of a car crash can be overwhelming, but you don’t have to face it alone. Michael D. Waks is a trusted Los Angeles County car accident attorney dedicated to helping victims recover full compensation for their injuries, property damage, and financial losses. His client-focused approach ensures that your rights are protected and your voice is heard. Call Michael D. Waks today at (888) 394-1174 for a free consultation and start your journey toward recovery with a knowledgeable advocate by your side.