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CAR ACCIDENT - Liability and At-Fault Issues

Fault is one of the most significant aspects in any car accident claim. The driver at fault is the one whose negligence caused the accident and the one who is typically responsible for any damages caused as a result of the accident. Often the circumstances of the accident make it very obvious who is at-fault in a car accident. But if liability is not clear or if there is shared responsibility or mutual fault then fault can be appropriated between the drivers and determined by specific state law. When there is shared liability in an auto accident the insurance companies then determine the relative percentages of fault of the

accident parties.

How is Percentage of Fault Determined?

After an automobile accident an insurance company claims adjuster is assigned the task of determining relative degrees of fault based on the accident circumstances. Because no two car accidents can be identical there is no standard formula for determining percentages of fault in car crashes with accident injuries. Your insurance claims adjuster will negotiate and come to an agreement as to what your “fault percentage” is. Herein lies a potential problem. What if you disagree with your insurance company finding? The best solution may be to find an experienced car accident attorney to provide legal council and negotiate with the insurance companies on your behalf and advocate the lowest percentage of fault for you. In other words, you don’t have to negotiate with insurance companies. And, in fact, depending on the accident (especially when you or someone else is injured in the accident) it is usually wise never to give any type of statement to any insurance company representative until you have spoken to an accident attorney. In Northern California most all Personal Injury Attorneys work on a “contingency fee” basis meaning they only collect their fee based on a percentage of your settlement. If you and the insurance adjuster cannot reach an agreement in terms of personal liability and you are at an impasse the courts may be your best option to ultimately resolve the at-fault issue.

If you live in California your insurance company offers added coverage-protection (for additional cost) to help pay for property damage, personal injury and medical expenses regardless of driver fault. This means that if you are injured in a car accident that was primarily your fault and you are denied compensation from the other driver’s insurance, your insurance company will pay for your injuries, provided you obtained additional personal injury protection, or “PIP.” PIP (personal injury protection) is most often called “No Fault coverage” in the Tri-Valley area and throughout California. With no fault automobile insurance coverage you simply file a liability claim with your own insurance carrier for medical bills and lost income, up to the specified maximum within your policy limits, without any regard to the circumstances of the accident or who was at fault.

Filing for further expenses against the at-fault driver in the accident depends on state law. Because of the many drivers in California without car insurance it’s a good idea for Bay Area drivers to get Uninsured-Underinsured motor vehicle accident insurance coverage that will compensate for damages resulting from an accident with someone who has no insurance or does not have enough insurance to

cover your expenses. This type of coverage, now mandatory in some states, also insures you if the other party leaves or “flees” the scene after the accident or if driver who crashed into you is driving stolen vehicle.

Can You Ethically Increase Your Chances Of Prevailing On A Car Accident Claim?

The answer is yes, according to Walnut Creek based personal injury lawyer Jack Bloxham, whose practice is 100% dedicated to personal injury claims. “Regardless if it’s an injury claim or not,” says Mr. Bloxham, “it’s important to get as much information at the accident scene as possible. It’s much easier today especially with the cameras we have in built into our cell phones. Ideally one has a disposable camera in their glove box, too, for emergency purposes such as these.” Mr. Bloxham adds one should not be shy about approaching witnesses and getting their contact information. This makes sense. “Pictures with written testimony from witnesses at the scene of the accident makes for perhaps the

compelling evidence,” said Mr. Bloxham, “But most important take care of yourself first ... seek medical attention immediately even if you think you have minimal injuries such as a headache or stiff neck that will ‘go away in a day or two.’” This is critical in maximizing any medical or injury claim, according to attorney Bloxham, because if a doctor does not examine you the full extent of our injuries cannot be legally documented.

Car Accident Pain & Suffering Damages in California

“Damages” under California is defined as the amount of money awarded to compensate someone who has been harmed by another persons wrongdoing or negligence. Regardless if negotiating with insurance companies or going through litigation damages will be established to determine how much you are owed or how much you pay as a result of the accident.

Damages are broken down into two basic types: Economic and Non-Economic. Pain and Suffering Damages are non-economic and are most difficult to prove in any auto accident case. This is why accident and medical documentation is so important. Pain and suffering cannot be universally or easily quantified. Also, because peoples recovery from any particular injury varies, pain and suffering is often considered a subjective monetary award. Clearly, though, there are types of harm covered under economic and non-economic damages:

For auto accidents claims:

Medical Expenses – Past and Future

Lost Wages – Past and Future

Lost Earning Capacity

Loss of Ability to Provide Household Services

Damage to Real Property (when a car hits a house, for instance)

Loss of use of Real Property

Damage to Personal Property (including your car)

Loss or Destruction of Personal Property

Damage to Personal Property of Special Value (rare compact disks, photographs, etc.)

Loss of use of Personal Property

Lost Profits

Non-economic damages may include:

Physical Pain

Mental Suffering

Emotional Distress

Loss of Consortium (loss of spouse, housemate, home support)

California governs by a “tort liability system” that determines how pain and suffering claims are litigated and awards are distributed. Generally speaking the tort liability system permits the jury to exclusively decide the amount of damages owed someone for a car accident injury or injuries. No restrictions apply as to who can or can not sue for personal injury damages. The tort system allows for the jury decide the amount of damages (money) the plaintiff is requesting for each item of harm then decides if that amount is fair and justifiable.

Is there a “litmus test” when to hire a car accident plaintiff-lawyer after a car accident?

No, not really. It depends upon the circumstances surrounding the accident, of course, and if anyone was injured. Broadly speaking, if you are the driver and unharmed after the accident, and your passenger(s) are also not injured, the answer is no. Conversely, legal representation is more common than not when it comes to auto accidents that have:

Serious injury (from broken bones, loss of limb, spinal cord injury, to permanent paralysis)

Death

Fault is being disputed or negotiated

Multiple parties involved with auto, driver, passenger, or pedestrian injury

Occurred in a construction area

A police report does not or fails to accurately describe the accident and puts you at fault;

Complex accident scene, legal or medical issues involved

Many people get accident lawyers when their:

The limits of their liability insurance are insufficient

Insurance has lapsed or their insurance company maintains they did not pay their premium Insurance company is non-responsive or uses their own attorney to initiate or resume contact. The more seriously you are injured in an auto accident no fault of your own (or more seriously a passenger in your car that you were driving is injured under any circumstance) the more likely you should consider hiring a personal injury attorney. Serious injuries, especially permanent injuries, always results from loss of time at work, school, and from normal household services. To help prepare your claim against someone (and their insurance company) who has seriously injured you in a car accident you may want to speak with several Personal Injury (PI) lawyers that a offer free initial consultations or “free case evaluation” and get their legal comments-advice pertaining to your particularly situation.

The goal of a PI attorney who focuses their practice on representing auto accident victims is to provide their clients with the peace of mind, make sure that their client gets every dime they are entitled, and make their clientele lives easier by “cutting through the red tape” and avoiding “insurance traps” that insurance companies have, most unfortunately, become infamous.

Question about your auto accident injury?

Ask an experienced car accident attorney

(This lawyer specializes in Livermore, Pleasanton, Dublin auto accidents)

This web site is compliments of the Law Offices of Jack Bloxham. Disclaimer: The information on this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us, welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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