You should consider hiring a car accident lawyer in Riverside, CA even if you know a crash wasn’t your fault if you encounter issues during the insurance claims process. Examples include someone blaming you for the crash, a liability dispute occurring between insurance companies, receiving lowball settlement offers, or your claim getting rejected.
How Is Fault Determined for a California Car Accident?
Since California is a fault-based car insurance state, the party responsible for causing an automobile accident is held liable, or financially accountable, for a victim’s losses. An investigation of the crash will be completed to determine who is at fault. Typically, fault goes to the driver who behaved negligently or violated a traffic law.
Fault can also be shared among multiple parties. Comparative negligence places a proportion of fault with the injured victim. Under California law (Civil Code §1714), his or her financial recovery will be diminished by a matching percentage.
If you want to avoid being blamed for a car accident or having your settlement reduced by an insurance company for your alleged “comparative negligence,” hire an experienced car accident attorney to represent you during the legal process.
Should I Get a Lawyer for a Car Accident That Wasn’t My Fault?
Reasons to Hire a Car Accident Attorney
Even if someone else is responsible for a car crash in California, you could benefit from hiring an attorney in certain circumstances. A lawyer can establish liability to preserve and protect your eligibility for financial compensation.
It is generally recommended to consult with a local Riverside personal injury lawyer if any of the following apply to your case:
- You or a loved one suffered serious or catastrophic injuries.
- You have a high-value case with significant or permanent losses.
- A loved one passed away in a fatal California car accident.
- An insurance company is attempting to blame you for the crash.
- An insurer is using your alleged “shared fault” as a reason to reduce your payout.
- Two or more insurance companies are disputing fault and liability.
- An insurance company is refusing to offer you a fair settlement.
- It looks as if your car accident case will need to go to court.
When you contact a lawyer, he or she can help you build a strong injury claim through crash investigation, evidence collection and hiring experts, as needed. Your lawyer can take over communications with insurance adjusters to prevent you from accepting a lowball settlement offer. If necessary, your lawyer can represent you in court.
What Can a Car Accident Lawyer Do for You if You Weren’t At Fault?
Even if you weren’t at fault, it may be up to you to prove that the other driver (or a third party) is to blame. You or your attorney must present evidence establishing that the defendant more likely than not caused the crash. This generally requires evidence of the following:
- The defendant owed you a duty of care.
- The defendant breached the duty of care.
- The defendant’s negligent or wrongful act caused your car accident.
- You suffered real damages or losses as a result.
When you hire a lawyer, he or she can take over the process of proving fault for you. In the meantime, you can concentrate on recovering from your painful injuries and rebuilding your life. Your lawyer will build a strong case with compelling evidence showing that you were not responsible for the car accident to maximize your case outcome.