Are Some Car Accidents Clearly The Fault Of The Other Driver?
Proving fault in a car accident is essential if you want to receive compensation for your injuries. Fault for some car accidents may be clear; however, this is not always the case. Even in situations that are almost always the fault of the other driver, an insurance company can twist the facts to blame you for the accident.
Left-turn Car Accidents
Most people assume that if someone turns left in front of them, that driver is automatically at fault for the car accident. If the driver failed to yield the right of way, this should be the case; however, proving fault may be difficult. If the left-turn accident occurs at an intersection, the other driver may allege he or she had the “green light” and you failed to yield the right of way.
Without an eyewitness, traffic camera footage, or other independent evidence, it will be your word against the word of the other driver. An experienced Fresno car accident attorney understands the best way to prove the other driver is responsible for causing the accident when fault is in question. This is one of the most compelling reasons to hire an experienced car accident lawyer because without proving fault you cannot receive compensation for your injuries.
Rear-end crashes are another type of car accident that is typically the fault of the driver who crashes into a car from behind. However, there may be cases where the insurance company for the other driver may be able to get out of paying full compensation for your injuries.
Under California’s comparative negligence laws, if the insurance company can convince a jury you are partially responsible for the rear-end collision, your compensation will be reduced by the percentage of fault assigned to you for the accident.
For example, if the jury finds that you were texting while driving and you suddenly slammed on the brakes because you were not paying attention to the traffic in front of you, the jury may find that you were partially at fault for the collision. Therefore, your compensation will be reduced by the percentage of fault assigned to you for the accident. If the jury finds you were 40 percent at fault, that amount will be deducted from the final award so that you do not receive compensation for 100 percent of your damages.
This is an example of why you want to consult with an experienced Central California Valley car accident attorney even though a rear-end collision may appear to be “cut and dry.” The insurance company for the other driver will do whatever it can to reduce the amount it must pay to you for the claim, especially if your damages are substantial. You want an attorney who has experience fighting insurance companies to protect your right to receive full compensation for your injuries.
Contact a Fresno, CA Personal Injury Attorney
Our car accident lawyers do not charge for your first visit and we do not ask for attorney fees until we win your case; therefore, it is in your best interest to consult with our office before discussing your car accident claim with an insurance company or other party. Call Torem & Associates at (888) 500-5000 or use our convenient online contact form to schedule your free consultation.Categories: