California is an at-fault state for car accidents. This means the party found to be at fault for the accident is responsible for the damages they caused. Being found at fault for an accident can jeopardize your assets and prevent you from recovering compensation for your vehicle repairs, medical expenses, and lost wages. Insurance companies often try to blame car accident victims for crashes to minimize personal injury settlements. If you’re facing this challenge, consulting with our Carlsbad car accident lawyer may help prove you’re not at fault. You can take the following steps to strengthen your case:
Report the Accident
The first step you can take after an accident is to call law enforcement. A police officer may respond to the scene and conduct an independent investigation to determine how the accident happened and who is at fault. The police report may contain valuable information, including:
- Road and weather conditions at the time of the accident
- The direction each vehicle was traveling and their location at the time of the collision
- Whether the other driver was cited for breaking a traffic rule
- The other driver’s statements
- Witness statements
Ask for a copy of the police report when it is finalized.
Document the Crash Scene
Law enforcement will quickly clean up the crash scene, so it’s crucial you take steps to preserve evidence, including:
- Taking photos of the accident scene, damage to vehicles, skid marks, and debris on the roadway
- Asking witnesses for their names and contact information
- Recording the environment, including weather conditions, light conditions, visibility, and any hazards on the road
- Preserving evidence, such as footage from your dashcam
Review Traffic Laws
In some cases, one motorist may be presumed to be negligent if they violate a statute, ordinance, or regulation of a public entity under California Evidence Code 669. You may be able to prove the other driver is at fault if they violated laws such as:
- Drinking and driving – The police report may indicate the driver had a blood alcohol content (BAC) level of 0.08% or more.
- Running a red light – A driver who ran a red light may be liable for your injuries. A traffic camera may have recorded this infraction.
- Distracted driving – Using a handheld cell phone or texting while driving is illegal in California. Violating this law could result in being assigned fault in a car accident if the two acts were connected.
- Following too closely – The rear driver is often found at fault for rear-end accidents because they are supposed to leave enough space between them and the driver in front to brake to avoid colliding.
Seek Legal Assistance
In some situations, you may need a personal injury lawyer’s help to prove you were not at fault for a car accident. A lawyer may be able to find evidence such as video footage from traffic cameras, hire accident reconstruction experts to demonstrate how the accident happened or extricate statements from the other driver that establish someone else was at fault for an accident. The Miller & Steele Law Firm can discuss how we can help during a free consultation, which you can arrange by calling us at (760) 840-5221 or contacting us online.