How to Prove the Other Driver Is at Fault
October 10, 2024- Categories: Vehicle Accidents
You’ve been in a car accident in California. How do you prove it was the other driver’s fault? If he hit and injured you, it is up to you to prove the accident was his fault before you can recover any damages for your injuries. At Neale & Fhima, we are skilled and experienced in proving the fault lies with the other driver. Talk to one of our attorneys today about how we can help prove your case.
#1 – Police Reports Are Very Helpful to Prove the Other Driver Is at Fault
Police in California are busy people and do not always come to the accident scene, although they will usually show up if the crash is serious, especially if injuries are reported. But if it is a crash with minor damage, the police dispatcher often will tell you and the other driver to handle it yourselves. This means exchanging information between all parties in the accident. If you’re uncertain about any legal proceedings following such an incident, consulting a car crash law firm can provide clarity.
If the police do show up, the crash report is an important piece of evidence. The report is a summary of the police officer’s view of the accident. The report will note:
- Vehicle positions after the accident
- Debris on the roadway from vehicles
- Skid marks
- Vehicle damages
- Weather conditions
- Road conditions.
If the police officer notes on the form who he thinks is at fault, this is a strong piece of evidence. Of course, the police report is not always accurate and can be challenged by a good vehicle accident lawyer. A police report is a helpful tool, but not the sole means of determining fault for the accident.
Were you involved in a car accident where the other driver is at fault? If so, you could be entitled to financial compensation. Call Neale & Fhima today at 888-407-2955 for a free consultation about your case. We’ll fight hard to get the justice you deserve!
#2 – California Vehicle Code Can Be Used to Show Fault
The California Vehicle Code can also be useful to prove the other driver was at fault. If you can prove the other driver violated California law when the accident happened, you have more leverage on your side. If that violation was a major factor in the accident, that makes your case even stronger. Our skilled attorneys will use every law on the books to build a strong case on your behalf. We’ll aggressively negotiate with insurance company representatives to get you the maximum payout possible.
#3 – Proving Liability in Rear-End and Left-Turn Wrecks
These are the simplest accidents in which to prove fault. When a car rear-ends another car, it is nearly always the fault of the driver in the back. But there are exceptions. If you are driving straight and the car in front of you slams on their brakes for no reason at all, you might be able to prove you were not at fault.
Regarding left-turn accidents, if the other driver strikes a car going straight through an intersection, it is usually the fault of the left-turning car. The car that is going straight almost always has the right of way. But if the car that went straight was going 20 mph over the speed limit, this can cause the blame to shift. In such scenarios, a personal injury lawyer on our legal team could provide clarity on liability.
At Neale & Fhima, a skilled car accident lawyer knows how to prove the other driver was at fault. Our decades of legal experience make our attorneys a valuable asset in your corner. Call us at 888-407-2955 for a free consultation about your case.
You Must Act Promptly
The statute of limitations for a personal injury claim in California is two years. This includes claims for compensation arising from car accidents. The clock starts ticking on the day of the injury accident. If you don’t discover the injury right away – perhaps not realizing you’re injured until weeks or months later — then a lawsuit must be filed within one year from the date the injury was discovered. If your loved one died in an accident that was the other driver’s fault, then you can file a wrongful death claim. The wrongful death statute of limitations is two years from the date your loved one died, even if that was weeks or months after the injury accident occurred.
Were You in an Accident? Let Us Prove the Other Driver Was at Fault.
Car accidents can get complicated quickly. Sometimes fault is not easy to prove, even if you think the other driver was at fault. The issue of liability could be the difference between your walking away with a big settlement or getting nothing. To make sure that the blame for the accident ends up with the other driver, you will need the skills of the experienced car accident attorneys at Neale & Fhima at your side. Give us a call today at 888-407-2955 for a free car accident legal consultation.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
