How Fault is Defined and Other Factors That Affect Car Accident Claims

Car accidents are one of the most common causes of injury and death in the United States. Every day, thousands of people get behind the wheel to travel to work or school and run the risk of being involved in a car accident. If you’re one of those people, you may be entitled to compensation for your losses. Understanding how fault is determined in California and other factors that affect car crash claims can help you better understand what your next steps should be.


Almost all car accidents are caused by negligence. Negligence is a legal theory that states that if someone fails to act with reasonable care and this results in an injury to another person, they can be held liable for the damages. It’s at the core of most Sacramento Car Accident Claims, as well as other torts like slip and falls and product liability cases.

How a Crash is Defined in Law

In California, the fault of an accident is generally determined by looking at the actions of each driver and any other potential factors. During the investigation of a car crash, it’s important that all information is recorded properly. This includes identifying who was driving, how fast each driver was traveling and the weather conditions at the time of the accident.

Once this information is collected, the police department should be called to the scene of the accident to write up a report. This will be important for your claim later on. Once the police have completed their investigation, it is crucial to contact a Sacramento Car Accident Lawyer to begin building your case and filing an insurance claim.

An experienced car accident attorney can handle all the details of your case and ensure that deadlines are met and that all the losses you’ve incurred from your car crash are included in your settlement amount. They can also negotiate with the insurance company on your behalf and make sure that the insurance company is offering you a fair amount for your injuries and losses.

The first step is to seek medical attention if needed. If not, then it’s important to move your vehicle out of traffic and to a safe place. Next, exchange driver license and vehicle registration information with the other drivers. Then take photos of the accident and gather contact information from any witnesses. Finally, report the accident to the police department.

A car accident lawsuit must be started within two years of the date of the accident. If you wait any longer, the statute of limitations may expire and you’ll no longer be able to file a lawsuit against the at-fault party for your injuries.

After a successful negotiation with the insurance company, if necessary, your lawyer will prepare for trial. They will review the evidence that has been obtained and will present this to a jury in a court of law. This will give them the best chance of winning a positive outcome for you and your family.