Auto v. Auto Accidents

California is a Fault State

When it comes to motor vehicle collisions that involve two or more vehicles, California is a “fault state.” This means that the car accident victim has the burden of proving fault on the part of one or more negligent drivers in order to recover compensation for their accident-related losses.

In order to demonstrate that another driver was at fault for your car accident, you must be able to show that that the other driver acted unreasonably under the circumstances. Acting unreasonably may mean that the other driver violated a traffic law or other rule of the road. For example, the other driver may have run a red light or stop sign or violated some other traffic provision, resulting in a collision.

When it comes to proving fault in a motor vehicle collision, witness testimony often becomes an important piece of evidence. This is especially true if the other driver’s insurance company is disputing liability in your case.

Pursuing Damages against a Negligent Driver

If you are able to demonstrate that another driver was responsible for your accident, then you can usually pursue damages for the injuries which you suffered in your accident. The amounts and types of damages available in car accident cases vary, depending upon the extent of the car accident, as well as the nature and extent of the injuries from which you suffered.

Injuries resulting from a motor vehicle collision can be painful and may require that the accident victim undergo a significant amount of medical treatment. Moreover, the accident victim may have to miss numerous hours from work in order to receive the treatment he or she needs.

Potential damages arising from a motor vehicle collision typically include payment of medical expenses, lost wages, pain and suffering, emotional anguish, loss of earning capacity, permanent disability, and loss of spousal companionship.