If you have a car crash, showing how it was the other driver’s fault will be crucial to claiming compensation.
California works on the basis of percentage fault, so the higher percentage of fault you push onto the other driver, the higher the percentage of costs you can claim. Remember, they will be trying to do the same to you, as they will also want to claim as much as possible.
At some crash scenes, it is obvious who was in the wrong
If someone was driving drunk and driving down the wrong side of the road when they hit you, pinning the blame on them will be straightforward. Yet, often things are less clear. Therefore, aside from looking at evidence from the crash scene itself, you may need to dig deeper into the driver’s background and personal life. Here are some things a thorough investigation could turn up:
- The driver has been in crashes before: The more crashes they have been in, the more likely there is something wrong with how they usually drive.
- They have previous traffic infractions: Let’s say the woman who crashed into you has been fined for speeding on five separate occasions during the past few years. There is a higher than average chance she was also speeding when she hit you.
- They have vision problems: Many drivers wear glasses or contact lenses and drive safely. Yet, many people forget to use them or do not like to use them. If you discover the other driver should have been wearing glasses but was not, it may help you prove they should have seen you.
- They work shifts or have a young baby: Shift work and babies can disrupt people’s sleep patterns and leave them exhausted. Fatigue plays a role in many car crashes.
Even if you think the crash was your fault, the other driver may have been partly to blame for reasons that are not immediately apparent. Getting legal help to understand your options and investigate the situation will be crucial to getting the full amount of compensation you are entitled to.