If you’ve been in a car accident in California, proving who was at fault is essential. California is an at-fault state, which means that any drivers who are found responsible for causing an accident are the ones who must pay the damages that another person suffered.
With that being said, though, rear-end collisions are some of the most common accidents that take place in Beverly Hills, CA, so knowing how to prove fault in the event of such a crash is crucial.
Laws Used to Determine Fault in Beverly Hills, CA
In California, insurance companies determine fault after an accident. Adjusters will review evidence, including accident reports, to get a sense of the details surrounding the collision and make a decision. That said, in cases regarding rear-end crashes, the driver of the rear car is generally found at fault.
California’s basic speed law requires that drivers do not drive faster than what’s prudent or reasonable under road, traffic, and weather conditions. A motorist can be in violation of the law — even if they’re driving at the posted speed limit — if they are going faster than what conditions would dictate at the time of the collision.
Another factor involved in the decision of who is at fault in a rear-end crash is California Vehicle Code Section 21703, which states that it is illegal for drivers to follow others too closely based on the speed of traffic, traffic volume, and other similar factors.
Evidence Used to Determine Fault in Rear-End Collisions
A large amount of evidence is often used to determine fault in a rear-end collision. Witness statements can be helpful, as well, so it’s always a good idea to ask for the contact information of anyone who was at (or close enough to see) the scene of the accident.
Medical reports that specify the treatments you’ve undergone as a result of the accident also help significantly. These can include such documents as:
- Ambulance call sheets
- Diagnostic test results
- Emergency room visit records
- Medical office visits
- MRI records
- X-ray records
- Physical therapy records
Police reports are also crucial, as they will show how the accident occurred, including the vehicle positions at the time of the crash, as well as the weather and road conditions in which it took place.
These reports also provide information on skid marks, which helps in the determination of when the rear driver tried (if at all) to slow down, as well as details regarding the damage to all involved vehicles and the type of injuries any victims may have sustained.
Beyond these, one last form of evidence that can be helpful is expert testimony. Formal statements from field experts, including accident reconstruction specialists, may clarify the situation and prove who was at fault.
Why a Personal Injury Lawyer Can Help
Car accident claims can get complicated, even in at-fault states like California, and that is especially true if multiple parties were involved in the accident. Therefore, an experienced personal injury lawyer can help protect your rights after a car accident while also ensuring that the fault is found on the right party.
A personal injury lawyer is there to help you file for damages so that you can get compensation for property damage, injuries, and pain and suffering. With the right lawyer by your side, you won’t have to worry about insurance companies offering only the minimum they can get away with.
Turn to Saeedian Law Group
Being in a car accident is always stressful, but it’s essential that you keep a cool head and contact a personal injury lawyer from a firm like Saeedian Law Group. By turning to attorneys with decades of experience helping clients in Beverly Hills, CA, you’ll have the best chance of getting the compensation you deserve.
