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11/17/2023

What Happens if I'm at Fault in a Car Accident in California?

- The Pollard Firm, APC

You May Be Entitled to Compensation Even If You Think You Were At Fault

Car accidents are complex, and you may not be immediately aware of the actual cause of the accident. You might think that you failed to see a driver coming, but in truth, they may have been driving too fast for you to react. You never know all of the facts of the case until the police report is available and a car accident expert can determine the actual cause of the accident.

At The Pollard Firm, we are committed to ensuring that all Californians are aware of their rights to compensation by California’s pure comparative negligence laws. Here we will discuss those rights, what to do when you are in a car accident in which you think you were at fault, and your next steps. Meanwhile, contact us for a free review of your case.

What is the California Pure Comparative Negligence Law?

California uses pure comparative negligence to determine compensation in car accident cases. This law can be found in Section 1714 of the California Civil Code. This law states that each party is responsible for his or her actions or failure to act and any injury that results. In this way, all parties in a car accident may be entitled to some compensation.

For example, let’s say you failed to yield to oncoming traffic, but the other driver was speeding. It could be argued that the other driver is at fault because they were driving faster than reasonable, but it could also be argued that you should have yielded regardless of their speed. If you were found to be 30% at fault and the speeder 70% at fault, you would receive 70% of the normal compensation for your injuries, and the other driver would receive 30%. 

Never Admit You Were at Fault in an Accident in California

There are many factors involved in car accidents, and you might not be aware of them all at the time of the accident. It takes an experienced car accident reconstructionist to determine the cause and comparative fault in a California car accident. Even if you think you may have been at fault, you should not say this.

Avoid making statements at the scene of an accident such as, “I’m sorry, I didn’t see you coming.” Anytime you say “sorry” this can be taken as an admission of fault. If you take full responsibility for the accident at the scene or when talking to others after the fact, you run the risk of being held liable for all damages and injuries in the case.

What to Do When You Are In a Car Accident You Think Is Your Fault

There are certain steps you should take in a car accident regardless of whose fault you think the accident is. 

  • Call the Police - You’ll need the police to investigate and compile a report as a basis for what happened. They may find causes of the accident of which you are unaware.
  • Take Photos - Take photos of the scene of the accident, your injuries, the injuries of the other driver if possible, and damage to the vehicles. The damage alone can be telling of the cause of the accident.
  • Take Information - Get the names, addresses, and phone numbers for all other drivers and witnesses. Make sure you get insurance information for the other drivers in the accident.
  • Contact Your Insurance Company - Make sure you file a claim with your insurance company. Never admit fault with your insurance company either, and don’t make assumptions about the other driver and their actions. 
  • Contact a Personal Injury Lawyer - You will need an attorney whether or not you were partially at fault for the accident.

Of course, you should also seek medical attention as quickly as possible. If your injuries are severe and you are unable to take photos of the scene, try to get a passenger or witness to take these photos for you.

Contact Us For a Free Review of Your Car Accident Case in California

Car accidents are rarely as cut and dry as they seem, especially in light of California’s comparative negligence laws. It is important to protect your rights to compensation by not admitting fault. Even if you have already admitted fault, you may be able to get some compensation for your injuries.

The Pollard Firm has years of experience working with clients in complicated car accident cases, even when clients believed they were at fault at the time of the accident. Contact us today for a free review of your case. 

You May Be Entitled to Compensation Even If You Think You Were At Fault

Car accidents are complex, and you may not be immediately aware of the actual cause of the accident. You might think that you failed to see a driver coming, but in truth, they may have been driving too fast for you to react. You never know all of the facts of the case until the police report is available and a car accident expert can determine the actual cause of the accident.

At The Pollard Firm, we are committed to ensuring that all Californians are aware of their rights to compensation by California’s pure comparative negligence laws. Here we will discuss those rights, what to do when you are in a car accident in which you think you were at fault, and your next steps. Meanwhile, contact us for a free review of your case.

What is the California Pure Comparative Negligence Law?

California uses pure comparative negligence to determine compensation in car accident cases. This law can be found in Section 1714 of the California Civil Code. This law states that each party is responsible for his or her actions or failure to act and any injury that results. In this way, all parties in a car accident may be entitled to some compensation.

For example, let’s say you failed to yield to oncoming traffic, but the other driver was speeding. It could be argued that the other driver is at fault because they were driving faster than reasonable, but it could also be argued that you should have yielded regardless of their speed. If you were found to be 30% at fault and the speeder 70% at fault, you would receive 70% of the normal compensation for your injuries, and the other driver would receive 30%. 

Never Admit You Were at Fault in an Accident in California

There are many factors involved in car accidents, and you might not be aware of them all at the time of the accident. It takes an experienced car accident reconstructionist to determine the cause and comparative fault in a California car accident. Even if you think you may have been at fault, you should not say this.

Avoid making statements at the scene of an accident such as, “I’m sorry, I didn’t see you coming.” Anytime you say “sorry” this can be taken as an admission of fault. If you take full responsibility for the accident at the scene or when talking to others after the fact, you run the risk of being held liable for all damages and injuries in the case.

What to Do When You Are In a Car Accident You Think Is Your Fault

There are certain steps you should take in a car accident regardless of whose fault you think the accident is. 

  • Call the Police - You’ll need the police to investigate and compile a report as a basis for what happened. They may find causes of the accident of which you are unaware.
  • Take Photos - Take photos of the scene of the accident, your injuries, the injuries of the other driver if possible, and damage to the vehicles. The damage alone can be telling of the cause of the accident.
  • Take Information - Get the names, addresses, and phone numbers for all other drivers and witnesses. Make sure you get insurance information for the other drivers in the accident.
  • Contact Your Insurance Company - Make sure you file a claim with your insurance company. Never admit fault with your insurance company either, and don’t make assumptions about the other driver and their actions. 
  • Contact a Personal Injury Lawyer - You will need an attorney whether or not you were partially at fault for the accident.

Of course, you should also seek medical attention as quickly as possible. If your injuries are severe and you are unable to take photos of the scene, try to get a passenger or witness to take these photos for you.

Contact Us For a Free Review of Your Car Accident Case in California

Car accidents are rarely as cut and dry as they seem, especially in light of California’s comparative negligence laws. It is important to protect your rights to compensation by not admitting fault. Even if you have already admitted fault, you may be able to get some compensation for your injuries.

The Pollard Firm has years of experience working with clients in complicated car accident cases, even when clients believed they were at fault at the time of the accident. Contact us today for a free review of your case. 

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