Being able to determine fault for car accidents can be complex, especially since it will directly impact the liability, as well as the ability to recover damages. Understanding how fault is determined is important in knowing what to expect of the legal process, making a significant difference in your ability to navigate the legal process and protect your rights.
Different Types of Fault
When it comes to car accidents, fault can be determined by different types, each affecting how responsibility is assigned. These different types of fault include:
- Negligence — This occurs when a driver fails to exercise reasonable care while driving, leading to an accident.
- Recklessness — In this case, a driver shows a deliberate disregard for the safety of others on the road.
- Intentional Misconduct — This involves a purposeful act that causes an accident, such as road rage incidents.
- Strict Liability — In certain situations, a driver may be automatically at fault, regardless of whether they acted recklessly or negligently.
How is Fault Determined in a Car Accident in California?
There are a few factors that play into determining fault in California for a left turn car accident. Typically, the individual who made the left turn is found at fault in a car accident, as they are required to yard to the oncoming traffic. However, this isn’t always set in stone. If the oncoming driver was found to have been speeding, running a red light, or some other negligent behavior, the fault could possibly be shifted to them, or in some cases shared between the two parties. California used Comparative Negligence, meaning if you are found even partially at fault, you can still recover damages. Due to your percentage of fault, your compensation will be reduced. For example, if you are 50% at fault, you can recover 50% of the total damages.
What Happens if I’m at Fault in a Car Accident in California?
If you are found at fault, you may be held responsible for covering damages and injuries from the accident, including property damage, medical expenses, and lost wages. It’s crucial to contact your insurance after an accident—they will assess fault and, if you’re liable, may cover damages up to your policy limit. Additionally, consulting with a left turn accident lawyer, such as Robert’s Personal Injury, can help guide you through the process, giving you peace of mind while ensuring your case is managed by a professional.
Protect Yourself After a Left-Turn Accident
The left turn accident fault in California often falls on the driver making the turn, as they must yield to oncoming traffic. However, exceptions exist if the oncoming driver was negligent (for example, speeding or running a red light). California’s Comparative Negligence law allows recovery of damages even if partially at fault, with compensation adjusted based on the percentage of fault. If found at fault, you may be liable for damages and expenses. It’s advisable to contact your insurance and consult a lawyer for guidance.
