Whether your state is considered an at-fault state or a no-fault state for car accidents dramatically impacts your legal rights, who is responsible for your accident, and which damages you can recover after a car accident. An experienced Carlsbad car accident attorney from The Miller & Steele Law Firm can explain California law and how it impacts your particular car accident claim.
What is the Difference Between At-Fault States and No-Fault States?
Most states are at-fault states. The driver found to be at fault for the accident is responsible for paying for the injuries and property damage that they caused due to their negligence. To recover compensation for your medical bills, lost wages, and other damages, you must be able to identify the driver and establish their fault. Injured parties can sue at-fault drivers for their injuries and property damage and/or file claims with the at-fault driver’s liability insurance policy.
In no-fault states, drivers are required to maintain insurance that covers their injuries. After an accident, they turn to their own insurance company for coverage, regardless of fault. They are not generally permitted to sue the other driver unless their claim meets a certain threshold, such as suffering a serious injury as defined by law or suffering damages that exceed a certain amount or their insurance limits.
California’s Insurance System
California is an at-fault state for car accidents, so you have the right to make a claim against the at-fault driver who caused your accident. However, you may also have no-fault benefits as part of your auto insurance, such as MedPay, which can help cover your medical expenses. An experienced wrongful death attorney in Carlsbad can help file your claim against the at-fault driver and with your own insurance provider.
Determining Fault in a California Car Accident
Because you must be able to prove the other driver was at fault to recover compensation for your damages, you must work with an experienced attorney who can gather evidence to help establish this essential element. Our experienced lawyers can gather crucial evidence, such as:
- Accident reports
- Videos from red light cameras, CCTV footage, or dash cams
- Electronic data recorders
- Witness statements
- Photos of the accident scene
- Cell phone records
- Medical records
- Reports from accident reconstruction experts
We conduct independent investigations to gather the evidence necessary to establish that the other driver was at fault for the accident and the full extent of your recoverable damages.
What If I Contributed to the Accident?
In many accidents, both drivers contribute to the accident. However, one driver may be more at fault for the accident than the other. In these situations, California’s pure comparative negligence rule applies. This law allows you to seek compensation for an accident against another party, even if they were only 1% responsible for the accident. However, your damages are reduced by your degree of fault.
Contact The Miller & Steele Law Firm for Assistance
The Miller & Steele Law Firm is here to help you pursue compensation for the damages you’ve lost. You can schedule a free legal consultation with our personal injury legal team in Carlsbad by contacting us online or calling (760) 439-2210.