How Is Fault Determined in a Personal Injury Case?

Fullerton is a lively city in California, known for its great schools, parks, and strong sense of community. Whether you’re enjoying a walk through Downtown Fullerton or spending the day at Hillcrest Park, accidents can still happen when you least expect them. 

If you or someone you love gets hurt, figuring out who is at fault becomes very important. That’s when a Fullerton personal injury attorney can help guide you through the legal process.

Understanding fault in a personal injury case doesn’t have to be confusing. Let’s break it down in a way that’s easy to understand.

What is fault in a personal injury case?

When someone gets hurt, like in a car crash or a slip and fall accident, the law wants to know who caused it. The person or party who caused the accident is called the “at fault” party. If someone is at fault, they may have to pay for medical bills, lost wages, and other damages. But first, you need to prove that they were responsible.

How do you prove who was at fault?

To prove fault, you usually have to show that someone was careless. The legal word for this is “negligence.” That means a person did not act the way a reasonable person should have. For example, if someone runs a red light and hits another car, they are being negligent.

Here are some simple ways fault is often proven:

Police Reports

If the police come to the scene, they usually write a report. This report may include who they think caused the accident, what they saw, and what witnesses said. Insurance companies often look at this report when deciding who is at fault.

Witness Statements

People who saw the accident can help explain what happened. Their stories can be strong proof about who caused the injury.

Photos and Videos

Pictures of the accident scene, injuries, or damage can show what happened. Security cameras or dashcams may also capture the accident on video.

Medical Records

Doctors’ reports can link the injuries to the accident. This is important to show that the injuries didn’t come from somewhere else.

Expert Opinions

Sometimes, experts like accident investigators or doctors are used. They study the evidence and give their opinion on how the accident happened and who was responsible.

What if more than one person is at fault?

Sometimes, both people in an accident share some blame. In California, we use a rule called comparative fault. That means each person pays for the part of the accident that was their fault. So, if you were 20 percent at fault and the other person was 80 percent, you can still get money, but your amount will be reduced by 20 percent.

Why a lawyer can help

Personal injury laws can be tricky. A personal injury attorney can collect evidence, talk to witnesses, and deal with the insurance companies for you. This can make a big difference in how much money you get and how fast your case is settled.

Key Takeaways

• Fault means who is responsible for the accident.
• To prove fault, you need evidence like police reports, witnesses, and photos.
• In California, more than one person can share the blame.
• Even if you are partly at fault, you may still get compensation.
• A local personal injury lawyer can make the process easier.