I Was Blamed for a Car Accident That Wasn’t My Fault

cartwrightlaw - December 28, 2023 -

blamed for car accident that wasn't my fault

Unfortunately, it is common for car insurance companies to deny fault and shift the blame to another party to avoid paying out insurance claims. If you find yourself being blamed for a car accident that was not your fault, it can be an incredibly frustrating and confusing experience.

If you were involved in a car accident and the other party is denying fault, don’t panic. With the help of an experienced car accident lawyer, you can dispute false liability claims and seek compensation for your injuries.

At The Cartwright Law Firm, we’re committed to helping you get the justice you deserve. Contact our skilled car accident attorneys today to learn more about how we can help you with your car accident case.

Liability in Car Accident Cases

Liability refers to the determination of fault for an accident. Who is at fault is not always abundant, and determining liability is a complex process. Determining and proving liability involves gathering and presenting evidence that can demonstrate how the accident occurred.

Rather than succumbing to an insurance company’s tactic of denying liability, our attorneys use evidence, including accident photos and videos, property damage estimates, witness statements, and expert reports to prove liability.

When disputing fault for a car accident, both parties will likely investigate the case extensively to find evidence to support their position. This is where having an experienced car accident lawyer on your side can make all the difference. Your lawyer can collect and present relevant evidence to support your claim and deny that you are fully liable.

At The Cartwright Law Firm, we recognize that every case is unique and requires a tailored approach. Our team of experienced car accident attorneys works tirelessly to gather all the necessary evidence and build a strong case for our clients, whether it is through negotiating with insurance companies or advocating for them in court.

Comparative Negligence

Comparative negligence is a legal concept that assesses the level of fault of each party involved in an accident. It refers to more than one party sharing liability for an accident.

The comparative negligence system enables injured individuals to pursue damages for their injuries caused by another’s negligence, regardless of whether they contributed to the accident. Therefore, even if the plaintiff bears partial responsibility for the accident, they may still recover damages, provided that the defendant shares some degree of accountability.

If the plaintiff is found to be partially responsible for the accident, their compensation may be reduced proportionally. For instance, if the plaintiff is found 20% at fault for the accident, they can only receive 80% of their compensation from the case.

Negotiating Liability

Our team of skilled attorneys is well-versed in the art of negotiating liability in car accident cases. We begin by carefully reviewing all the evidence available from the accident, including traffic camera recordings, eyewitness statements, and expert opinions. With this information in hand, we engage in a thorough analysis of the facts to determine the liability of each party involved.

Once we have a strong case built, we then negotiate with the other party’s insurance company, presenting our evidence and arguments to prove the other party’s fault. In comparative negligence cases, the degree of fault that each party accepts is negotiated between parties.

At The Cartwright Law Firm, our car accident lawyers advocate for our clients to ensure their rights are protected. Our attorneys know how to navigate the insurance claim process and negotiate to reach the best possible outcome for our clients.

If You Are Found At Fault For a Car Accident

In some cases, insurance companies may claim that you are at fault for an accident before a proper investigation. This could be based on the other party’s word or from the police report.

Typically, a police report is filed at the scene of the accident. This report will state which party is at fault for the accident, or it will state that the officer was unable to determine fault based on the information provided. While insurance companies use this initial liability determination as a tool to deny fault, it is not a final conclusion.

If you were named at fault in an initial crash report, it is crucial to seek the legal counsel of a car accident attorney, as there are steps you can take to dispute the findings.

If you are found 100% at fault following a complete investigation, your auto insurance company will cover standard settlement costs and represent you if the case goes into litigation. However, your auto insurance premium will likely increase.

How To Help Prevent An Initial Fault Determination?

If you’re involved in a car accident, your behavior and actions at the accident scene can impact the police officer’s initial fault determination. It is important to remain calm, honest, and cooperative when dealing with the police officer at the scene. This will help to ensure that your account of the accident is recorded accurately.

If you can do so safely, taking photographs of the scene, damaged vehicles, and the surrounding area can provide vital evidence to support your case. Additionally, when speaking with the police officer or other party, be mindful not to apologize or admit wrongdoing.

The legal process of proving liability begins at the scene of the accident, and following these steps can help ensure you are set up for success.

Contact An Experienced Car Accident Attorney

Being found at fault for a car accident is not the end of the road, and with the help of a skilled car accident lawyer, you can still seek a personal injury settlement. At the Cartwright Law Firm, we understand that car accidents can be stressful, overwhelming, and confusing. You don’t have to face insurance companies and adjusters alone. Let us fight for your rights and help you seek restitution for your injuries.

If you’ve been involved in a car accident and are facing liability issues, our team of dedicated attorneys has a proven track record of successfully representing clients who have been wrongly accused of causing an accident. We will work tirelessly to protect your rights and ensure that you receive fair compensation for your injuries and damages.

Contact The Cartwright Law Firm today to schedule a free consultation with our reliable San Francisco car accident attorneys.