What happens if I’m at fault in a car accident in California?

cartwrightlaw - October 25, 2024 -

If you’re found to be at fault in a car accident in California, the consequences can be significant. Being deemed the liable party means you’re responsible for covering the damages and injuries sustained by the other driver(s) and their passengers. This financial burden can quickly escalate, especially if there are severe injuries or property damage involved. 

However, determining fault in a car accident is not always straightforward, and there are instances where you may be wrongfully blamed. Never simply accept accusations of fault for a crash, as the situation may be much  more complicated than it initially appears. 

In such cases, consulting with a San Francisco car accident attorney can be critical to protect your rights and challenge any unfair accusations of fault.

What should I do after having a car accident?

Regardless of who might be at fault, there are specific steps you should take immediately after a car accident to safeguard your interests:

• Stay calm and remain at the scene. Leaving the scene of an accident, even a minor one, can be considered a hit-and-run, which is a criminal offense.

• Check for injuries and call for medical assistance if needed. Your health and safety should be the top priority.

• Call the police. In California, you’re required to report any accident involving injuries, fatalities, or property damage exceeding $1,000. A police report also strengthens your insurance claim. 

• Exchange information. Get the names, contact details, insurance information, and license plate numbers of all drivers involved.

• Contact a San Francisco car accident lawyer as soon as possible. You should consult with an attorney before speaking with insurance representatives, especially if others are trying to pin the blame on you. Never give statements to insurers without legal guidance. 

Is California a Fault State?

Under California Vehicle Code Section 17150, California is a “fault” state when it comes to car accidents. This means that the driver who caused the accident, or the at-fault party, is financially responsible for the damages and injuries resulting from the incident. 

This is in contrast to “no-fault” states, where each driver’s insurance covers their own damages and injuries, regardless of who was at fault.

Fault and Liability in California

In California, fault and liability in a car accident are determined based on the concept of comparative negligence. It means that courts examine the actions of the drivers involved and assign a percentage of fault to each. Sometimes, one driver is 100 percent responsible. Other times, drivers share liability for the accident. 

The law reduces the damages awarded to the plaintiff by the percentage of their own negligence. For example, if the plaintiff is found to be 20 percent at fault for the accident, and is awarded $50,000 in damages, they will get $40,000. The balance of $10,000 deducted is to account for their own negligence of 20 percent

California’s comparative negligence rule allows the parties to still recover damages even when they are partially at fault. 

How Insurance Determines Fault

Insurance companies have their own procedures for determining fault in a car accident. They typically rely on the following sources of information:

• Police reports. The police officer’s assessment of the accident and any citations issued can carry significant weight in determining fault.

• Witness statements. Statements from bystanders or passengers who witnessed the accident can provide valuable insights.

• Physical evidence such as skid marks, damage patterns, and the final resting positions of the vehicles can help reconstruct the events leading up to the accident.
• Driver statements. Insurers will gather statements from all drivers involved, but it’s essential to exercise caution when providing recorded statements without legal representation.
• Accident reconstruction experts. In more complex cases, insurance companies may consult with accident reconstruction specialists who use scientific methods to analyze the evidence and determine fault.

Insurance companies have a vested interest in minimizing their financial liability, which can lead them to blame claimants for accidents. If you believe you’ve been wrongfully accused of being at fault, consulting with an experienced car accident attorney can be invaluable. 

They can thoroughly investigate the accident, gather evidence, and challenge the insurance company’s findings if necessary, ensuring that you’re not unjustly held liable for damages you didn’t cause.

California Is an At-Fault Insurance State

The at-fault insurance system means that the driver found responsible for the incident is liable for compensating the other party. This includes covering property damage, medical expenses, and even lost wages. Your insurance company may step in to cover some of these costs, but being at fault can still lead to increased premiums and, potentially, legal actions. Understanding the state’s comparative negligence rules is essential because you might still owe compensation even if you’re partially accountable for the event. 

In summary, being at blame doesn’t absolve you of responsibility, even if the other involved parties share some blame. You can learn more about California’s car accident laws.

What Not to Say

If you’re involved in an accident, your immediate reaction might be apologizing or admitting liability, especially if you believe you caused the misfortune. Avoid doing this. In California, admitting responsibility on the scene could complicate your case later. Even if you think you’re responsible, you might not have all the facts, and saying things like “I didn’t see you” or “I’m sorry” can be used against you as an admission of liability.

What you say in the aftermath can have significant outcomes, so it’s best to remain calm and collect information without making statements about accountability. It’s also advisable to avoid discussing the accident on social media, as insurers or attorneys can scrutinize these posts. For tips on handling accountable determination, you can check this resource.

What Should You Do Instead?

Focus on collecting evidence and information from the other drivers and testifiers. Take photos of the scene, the vehicles involved, and any visible injuries. Exchange contact information, and if possible, get the names and numbers of any witnesses. The goal here is to gather as much documentation as possible. This can help your lawyer later in proving who was at fault or defending your position.

Also, seek medical attention immediately, even if you feel fine. Some injuries might not manifest until days later, and having medical records will be vital for your case.

When Should You Admit Fault?

It’s natural to feel responsible after an accident, but you should only admit it when you have complete information and, ideally, after consulting with a legal team. They will help you determine whether admitting liability is in your best interest. Do not rush to conclusions based on initial emotions. Investigations often reveal additional factors, such as another driver’s negligence or vehicle defects, that contributed to the crash.

In situations where you were partially at fault, California’s comparative negligence system comes into play. This system allows for multiple parties to share accountability, and your financial responsibility may be reduced accordingly. Even if you believe you’re the one at blame, you could only be partially responsible under the law, so it’s crucial to allow a thorough investigation before admitting liability.

Should I Admit Fault to My Insurance Company?

You should provide honest and accurate information to your insurer but avoid outright admitting fault before juridical consultation. Instead, give a factual account of the incident, such as where it occurred and the conditions at the time. Your provider will conduct its own investigation to determine liability. Nonetheless, a formal admission of responsibility can affect your claim and legal standing, so it’s best to speak with a personal injury lawyer beforehand, as they will ensure you don’t say something that could compromise your ability to recover compensation or protect you from unnecessary liability.

Get in Touch With an Experienced San Francisco Car Accident Attorney

If you’ve been involved in a car accident in California and are facing accusations of fault from the liable party’s insurance company, don’t hesitate to seek legal assistance. The Cartwright Law Firm attorneys are dedicated to protecting your rights and ensuring you’re not held responsible for damages you didn’t cause. 

Contact us online or at 415-433-044 for a free consultation. 

If you’re found to be at fault in a car accident in California, the consequences can be significant. Being deemed the liable party means you’re responsible for covering the damages and injuries sustained by the other driver(s) and their passengers. This financial burden can quickly escalate, especially if there are severe injuries or property damage involved. 

However, determining fault in a car accident is not always straightforward, and there are instances where you may be wrongfully blamed. Never simply accept accusations of fault for a crash, as the situation may be much  more complicated than it initially appears. 

In such cases, consulting with a San Francisco car accident attorney can be critical to protect your rights and challenge any unfair accusations of fault.

What should I do after having a car accident?

Regardless of who might be at fault, there are specific steps you should take immediately after a car accident to safeguard your interests:

• Stay calm and remain at the scene. Leaving the scene of an accident, even a minor one, can be considered a hit-and-run, which is a criminal offense.

• Check for injuries and call for medical assistance if needed. Your health and safety should be the top priority.

• Call the police. In California, you’re required to report any accident involving injuries, fatalities, or property damage exceeding $1,000. A police report also strengthens your insurance claim. 

• Exchange information. Get the names, contact details, insurance information, and license plate numbers of all drivers involved.

• Contact a San Francisco car accident lawyer as soon as possible. You should consult with an attorney before speaking with insurance representatives, especially if others are trying to pin the blame on you. Never give statements to insurers without legal guidance. 

Is California a Fault State?

Under California Vehicle Code Section 17150, California is a “fault” state when it comes to car accidents. This means that the driver who caused the accident, or the at-fault party, is financially responsible for the damages and injuries resulting from the incident. 

This is in contrast to “no-fault” states, where each driver’s insurance covers their own damages and injuries, regardless of who was at fault.

Fault and Liability in California

In California, fault and liability in a car accident are determined based on the concept of comparative negligence. It means that courts examine the actions of the drivers involved and assign a percentage of fault to each. Sometimes, one driver is 100 percent responsible. Other times, drivers share liability for the accident. 

The law reduces the damages awarded to the plaintiff by the percentage of their own negligence. For example, if the plaintiff is found to be 20 percent at fault for the accident, and is awarded $50,000 in damages, they will get $40,000. The balance of $10,000 deducted is to account for their own negligence of 20 percent

California’s comparative negligence rule allows the parties to still recover damages even when they are partially at fault. 

How Insurance Determines Fault

Insurance companies have their own procedures for determining fault in a car accident. They typically rely on the following sources of information:

• Police reports. The police officer’s assessment of the accident and any citations issued can carry significant weight in determining fault.

• Witness statements. Statements from bystanders or passengers who witnessed the accident can provide valuable insights.

• Physical evidence such as skid marks, damage patterns, and the final resting positions of the vehicles can help reconstruct the events leading up to the accident.
• Driver statements. Insurers will gather statements from all drivers involved, but it’s essential to exercise caution when providing recorded statements without legal representation.
• Accident reconstruction experts. In more complex cases, insurance companies may consult with accident reconstruction specialists who use scientific methods to analyze the evidence and determine fault.

Insurance companies have a vested interest in minimizing their financial liability, which can lead them to blame claimants for accidents. If you believe you’ve been wrongfully accused of being at fault, consulting with an experienced car accident attorney can be invaluable. 

They can thoroughly investigate the accident, gather evidence, and challenge the insurance company’s findings if necessary, ensuring that you’re not unjustly held liable for damages you didn’t cause.

California Is an At-Fault Insurance State

The at-fault insurance system means that the driver found responsible for the incident is liable for compensating the other party. This includes covering property damage, medical expenses, and even lost wages. Your insurance company may step in to cover some of these costs, but being at fault can still lead to increased premiums and, potentially, legal actions. Understanding the state’s comparative negligence rules is essential because you might still owe compensation even if you’re partially accountable for the event. 

In summary, being at blame doesn’t absolve you of responsibility, even if the other involved parties share some blame. You can learn more about California’s car accident laws.

What Not to Say

If you’re involved in an accident, your immediate reaction might be apologizing or admitting liability, especially if you believe you caused the misfortune. Avoid doing this. In California, admitting responsibility on the scene could complicate your case later. Even if you think you’re responsible, you might not have all the facts, and saying things like “I didn’t see you” or “I’m sorry” can be used against you as an admission of liability.

What you say in the aftermath can have significant outcomes, so it’s best to remain calm and collect information without making statements about accountability. It’s also advisable to avoid discussing the accident on social media, as insurers or attorneys can scrutinize these posts. For tips on handling accountable determination, you can check this resource.

What Should You Do Instead?

Focus on collecting evidence and information from the other drivers and testifiers. Take photos of the scene, the vehicles involved, and any visible injuries. Exchange contact information, and if possible, get the names and numbers of any witnesses. The goal here is to gather as much documentation as possible. This can help your lawyer later in proving who was at fault or defending your position.

Also, seek medical attention immediately, even if you feel fine. Some injuries might not manifest until days later, and having medical records will be vital for your case.

When Should You Admit Fault?

It’s natural to feel responsible after an accident, but you should only admit it when you have complete information and, ideally, after consulting with a legal team. They will help you determine whether admitting liability is in your best interest. Do not rush to conclusions based on initial emotions. Investigations often reveal additional factors, such as another driver’s negligence or vehicle defects, that contributed to the crash.

In situations where you were partially at fault, California’s comparative negligence system comes into play. This system allows for multiple parties to share accountability, and your financial responsibility may be reduced accordingly. Even if you believe you’re the one at blame, you could only be partially responsible under the law, so it’s crucial to allow a thorough investigation before admitting liability.

Should I Admit Fault to My Insurance Company?

You should provide honest and accurate information to your insurer but avoid outright admitting fault before juridical consultation. Instead, give a factual account of the incident, such as where it occurred and the conditions at the time. Your provider will conduct its own investigation to determine liability. Nonetheless, a formal admission of responsibility can affect your claim and legal standing, so it’s best to speak with a personal injury lawyer beforehand, as they will ensure you don’t say something that could compromise your ability to recover compensation or protect you from unnecessary liability.

Get in Touch With an Experienced San Francisco Car Accident Attorney

If you’ve been involved in a car accident in California and are facing accusations of fault from the liable party’s insurance company, don’t hesitate to seek legal assistance. The Cartwright Law Firm attorneys are dedicated to protecting your rights and ensuring you’re not held responsible for damages you didn’t cause. 

Contact us online or at 415-433-044 for a free consultation. 

Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.

Robert E. Cartwright Jr.
Founder and Managing Partner