If you or somebody you care about has been injured in a car accident caused by the negligent actions of another driver, you want to do what you can to recover compensation for your injuries and property damage expenses. However, recovering compensation requires gathering the evidence needed to prove liability. Here, we want to discuss how to establish negligence in a car accident case in California.
What Evidence is Needed?
Negligent driver actions result in accidents all the time in and around Irvine. In order to establish negligence, it must be shown that the other driver owed a duty of care to those around them and that they breached this duty of care in some way.
There must be evidence proving the negligence of the other driver after a vehicle accident occurs. Without proof, it becomes very difficult to secure compensation from the at-fault party’s insurance carrier. There are various types of evidence that can be used to determine negligence, including the following:
- Statements from any eyewitnesses to the crash
- Statements from other drivers and passengers involved
- Photographs taken at the scene of the crash
- Surveillance footage from nearby cameras
- Dashcam surveillance footage
- Police or accident reports
- Mobile device data
- Vehicle “black box” recording data
When an investigation begins after a car accident, there is usually not a single point of evidence used to determine whether or not the other driver was negligent. In most situations, all of the evidence is examined by law enforcement officials and insurance carriers to establish exactly what happened.
In some circumstances, it may be necessary to work with trusted accident reconstruction experts who can further examine the evidence and use computers to put together 3D modeling simulations of what likely occurred.
Pushing Back Against Allegations of Partial Fault
It is not uncommon for more than one driver to share fault for a vehicle crash. However, it is also not uncommon for insurance carriers and an at-fault party to make unfounded accusations of negligence towards the other driver(s) involved. They do this in an effort to limit how much money they payout in a settlement.
California does operate under a “pure comparative negligence” system, which means that individuals can still recover compensation even if they are up to 99% at fault for the incident. However, they will receive reduced compensation based on their percentage of fault. If you ever find yourself in a vehicle accident scenario where the other driver is trying to blame you, you need to do what you can to push back against these allegations. The best way to do this is to work with a skilled vehicle accident attorney.
You Need to Work With an Attorney
A car accident lawyer in Irvine can handle every aspect of your claim. They will investigate the incident, gather the evidence needed to prove liability, and handle all communication with other parties involved. If you have been accused of causing the accident, an attorney will push back against these allegations in an effort to recover full compensation for your losses.
A skilled attorney will negotiate vigorously to recover compensation to pay for the following:
- All medical bills related to your crash
- Property damage expenses
- Lost wages if you cannot work
- Household out-of-pocket expenses
- Pain and suffering damages
The total amount of compensation available for a car accident in California will vary based on the facts and circumstances of each particular claim.
