When you were in a complex car accident, it can be challenging to determine who is liable for the damages, especially if multiple parties are involved. Sometimes, it takes an expert here in your state to help identify who is to blame. Various parties might be liable, which means that the settlement may be substantially reduced if you played a part.
How to Determine Who’s at Fault in a Car Crash
Sometimes car accidents aren’t clear cut, and you can’t tell who caused what. There are different ways to collect verifying evidence your attorney can use to prove your case.
When Multiple Parties Are At Fault
In a car accident involving several cars, or both you and the other party may be at fault, it is confusing to know who is to blame. In California, there is the comparative fault law, otherwise known as comparative negligence. This law applies to personal injuries that happen when multiple people are at fault. If one party is 20% at fault and another party 80% at fault, each party is liable for paying the percentage of the damage they caused. In this scenario, even if you are primarily at fault, you can still receive compensation for damages.
Distracted Driving Evidence
You can show someone is at fault by revealing what they were doing while driving. For example, to prove someone is texting and driving, your attorney can submit a subpoena to investigate the cellphone usage history at the time of the accident. The person may have been mapping a location on GPS or talking on the phone. It will be more difficult to prove if they were distracted by other passengers, children, or pets.
Evidence of Intoxication
When you get into a terrible car accident where everyone is injured, it is possible to prove that someone was intoxicated during the accident. When healthcare practitioners get involved, they can perform medical tests to identify what substances or drugs are in each driver’s blood. A police officer who is present to write a report can also observe the drivers. They may smell alcohol or drugs and demand they take a drug test. If the other party is intoxicated, they may be at fault for the accident.
Prescription pills can create a lot of side effects that can influence the mind-state of drivers. A lot of medicine can cause fatigue, make patients drowsy, or have other consequences. You can ask other parties if they take prescription medicine and what the side effects are. There is a possibility that they were unable to focus because of the medication they were taking.
You can also determine who is at fault by pointing out if someone was breaking the law. If another party was not following the rules of the road, this might have caused the accident. This is dependent upon who has the right-of-way. Examples include if anyone ran stop signs, red lights, or didn’t yield to traffic.
Speak with a Professional
You can recruit the aid of a car accident attorney to help you determine who was at fault for your car crash. A lawyer understands motor vehicle laws and can inform you on how your settlement case may proceed.