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Protecting Your Legal Rights and Interests in a California DUI Car Accident Case

The aftermath of being involved in a drunk driving auto accident can be devastating. If you have been involved in a DUI car accident you may face serious medical issues coupled with significant damage to your property, particularly your own automobile.

Should I hire a Car Accident Attorney?

There are occasions when the guilty party or parties are contested, and that’s when car accident victims start to wonder, “Should I hire attorney after a car crash?” There’s no easy answer, but before you settle your own insurance claim, consider these possibilities.

car insurance liability determination

Determining Liability after an Auto Accident

Car accident liability is determined by legal concepts that are unique in every region.

The Insurance Claims Process in California

Californians who are involved in automobile or motorcycle accidents may find…

Car Accident Guide for Los Angeles

The average driver experiences three to four car accidents in their lifetime, so it’s smart to be prepared if it ever happens to you.

Determining Liability after an Auto Accident

Determining Liability

How to Determine Who is At-Fault after a Car Accident?

Car accident liability is determined by legal concepts that are unique in every region. The process for establishing negligence in the California accident liability system is specific, and many people will seek a qualified insurance liability attorney to ensure that the paperwork is done correctly. A qualified at-fault car crash attorney can assist anyone who is concerned about establishing liability in a case involving vehicle collisions in Los Angeles. Every driver on the road is responsible for obeying the various rules of the road at all times. This includes a variety of items, and failure to observe any of them can add to the amount of blame assigned by the insurance company’s claim adjuster or the court.

There are many possible factors at play in any vehicle collision, and it is difficult for anyone to sort out what happened after the fact. Insurance adjusters are often responsible for looking at all of the evidence in order to determine the degree of fault, which affects the final payment made by the insurance company. Examples of evidence include photographs taken from the scene, police reports, witness statements and any additional indicators of blame. An example of this is the skid marks left behind a vehicle, which can show the change of direction and speed. All of this evidence is used to reconstruct the event as closely as possible.

Liable After At-Fault Accident

If an accident occurs, one of the first things a person may think is, “am I at-fault”? This is a reasonable question for anyone who has been involved in a collision. An insurance company will be responsible for paying out the claim, so this entity will seek to minimize its losses within the boundaries of the law. To determine liability, there are many variables that must be considered. Accident law firms for liability deal with these cases on a regular basis. Professionals can determine the degree of fault according to the relevant statutes of the state. There are many factors involved in determining liability, and they are difficult to assess from the viewpoint of the people directly involved in the accident.

Am I At-Fault?

Los Angeles auto accidents can be expensive and difficult to resolve. A competent insurance liability attorney can navigate the legal system to help people who need to answer specific questions. The issue of fault has serious implications for any claim. The insurance companies of every vehicle involved will try to establish the best case for their organizational interests. Documentation of the accident is extremely important for this purpose. The type of damage to each vehicle should be carefully inventoried in a police report with photographs, witness statements and other evidence. Memory is considered unreliable in most of these cases, so individuals involved should carefully document every aspect of the incident as completely as possible.

There is an extensive process for establishing car accident liability through the California accident liability code. The complexity of this system makes it nearly impossible for individuals to navigate without assistance from an experienced Los Angeles personal injury attorney. The type of evidence available for the case will determine the outcome to a large extent. This is why it is necessary to get in contact with your legal representative as soon as possible after the incident. You should always keep a camera in the vehicle, and take pictures of the accident scene. This will help the attorney to establish the degree of fault.

Car Accident Law Firms for Liability

The work of an at-fault car crash attorney is essential for the resolution of any vehicle collision in this area. However, the legal process for establishing fault is not limited to auto accidents. Other types of vehicles might also be involved, and this will affect the process of determining fault. For example, there are specific rules that apply to commercial vehicles that do not apply to passenger cars. The police report will help the attorney to establish certain facts in the case, but there is also a degree of argument that will be involved. This can be expected whenever there are trucking companies involved. The truck will have a legal team dedicated to handling these types of cases, and it is common for the driver of the passenger vehical to be taken off-guard.

Liable After At-Fault Accident

An experienced Los Angeles personal injury attorney can establish the degree of car accident liability. Each case must be handled in a manner that accurately establishes the degree of fault involved. Los Angeles auto accidents require each party involved to follow the procedures within the California accident liability code. This legal framework covers a variety of different factors that contribute to any accident on the road. Proving the degree of fault in an accident is never easy, but it is also even more difficult when there are several parties involved in the collision.

Examples of liability issues include:

  • Vehicle speed and direction: Every driver is responsible for obeying the specific rules of the road. This includes rules governing lane changes, speed limits, highway ramps, lane changing and other common rules of the road.
  • Signs of negligence: Any activities that display negligence can be used against any party involved in an accident. This includes texting while driving, but it can also apply to certain driving behaviors as well. Any driver who fails to observe the basic rules of driving can be cited for negligence. This increases the liability assigned to the driver after an accident.
  • Violation of the rules of the road: Any deviation from the established rules of the road can result in an increase in the amount of negligence assigned to the driver. This can often include broken tail lights, flat tires or missing headlights. The owner of a vehicle with a defective part may be more liable than normal even if the car was parked at the time of the accident.
  • Mitigating factors: To remain legal on the road, all vehicles must be properly maintained at all times. Broken or missing parts can affect the degree of blame, which increases the liability of the driver. Mitigating factors can also include the circumstances in the specific case. An example is unusual weather or other serious road conditions that may have contributed to an accident. Black ice, sleet, rain and debris can all affect the situation at the time of a collision.
  • Vehicle type: There are some differences between vehicle classes, but the general rule applies to them all. Motorcycle operators must observe the specific helmet laws enforced in California. Commercial vehicles are responsible for obeying a set of rules unique to the state, and passenger vehicles will also be held liable for violations related to their vehicle classification.

Degree of Fault

There are other signs of negligence that will be used to determine the degree of fault for each party involved. This includes the speed of the vehicle at the time of the accident, but other factors will also apply. After all the evidence is collected, the degree of liability will be determined. There is no single formula used to determine the degree of fault of each party. For example, drivers who do not maintain the appropriate amount of following distance may have a higher degree of fault than they would if the correct distance had been maintained.

Summary of Los Angeles Auto Accidents

The California Vehicle Code is used to help accident attorneys determine the extent of negligence for everyone involved in the accident. There will be several methods used by any good Los Angeles personal injury attorney for establishing the degree of fault. This issue is central to each case, and it can determine the amount of damages paid to the victim of the incident. There is a general process for establishing the identity of the party liable after at-fault accident. Any qualified insurance liability attorney or at-fault car crash attorney will request to see a police report after the incident.

Car accident law firms for liability can determine the degree of fault after a vehicle collision. This is often a complex process that involves many different parties. For example, the drivers involved in the incident will obviously have different stories about what happened. The process of determining negligence is complex, and there are usually several versions of the situation to consider. Driver negligence is partially determined by general rules for driving, but specific vehicles must observe additional behavior at all times to avoid additional negligence.

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Posted on : Sep 06, 2017
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