California is an at-fault state for car accidents, so determining who is at fault becomes a critical question in many cases. Consulting with an experienced Carlsbad car accident attorney can help ensure you properly navigate fault determination and protect your rights.
Here are the parties who may help determine fault and the steps they can take to reach this important conclusion:
Law Enforcement
After a car accident, it’s vital to contact police. A law enforcement officer can respond to the scene of the accident and prepare a report. They may take the following steps to gather critical information that can help with assessing fault:
- Requesting the driver’s names, license numbers, contact information, vehicle registrations, and insurance details
- Collecting statements from each driver for their account of the accident
- Conducting field sobriety tests if they suspect impairment was involved in the crash
- Recording the time, date, and location of the accident
- Asking witnesses for contact information and statements regarding the crash
- Identifying the location where the collision occurred and damage to the vehicles
- Recording weather and road conditions at the time of the crash
- Taking pictures of the accident scene and property damage
- Making a diagram of the vehicles’ positions at the point of impact
- Issuing citations if a traffic violation is believed to have occurred
The quality of the report and investigation will depend on the responding officer, the seriousness of the crash, and whether the officer noted any traffic violations or crimes. It’s important to keep in mind that law enforcement does not have an interest in helping you recover compensation for your damages. Instead, they investigate the crash to determine if a traffic violation occurred.
Insurance Companies
Insurance companies may conduct an investigation after claimants report accidents caused by their policyholders. These investigations may consist of:
- Reviewing the police report
- Reviewing photos or videos of the accident
- Contacting their insured to obtain their account of the collision
- Asking the claimant for a recorded statement
- Contacting witnesses for their statements
- Reviewing medical records
- Inspecting the property damage and reviewing repair reports
It’s important to keep in mind that insurance companies are for-profit businesses that want to protect their bottom line. They often do this by denying or minimizing claims.
Personal Injury Lawyers
Personal injury lawyers can conduct an independent investigation to determine fault. These experienced legal advocates try to obtain additional information to prove the other driver was at fault to recover compensation for their clients. In addition to taking the steps identified above, they may take the following actions to determine fault:
- Asking for their client’s personal narrative
- Obtaining video footage from traffic cameras, dash cams, and surveillance cameras
- Hiring accident reconstruction experts to use scientific data to create visual representations of how the accident occurred
- Conducting interviews or depositions of the other driver or witnesses
The experienced Carlsbad personal injury lawyers at the Miller & Steele Law Firm have represented over 3,000 clients and recovered over $300 million in verdicts and settlements. We have extensive experience handling car accident claims, determining liability, and negotiating fair settlements with insurance companies. Call us at (760) 840-5221 or contact us online for a free case review.