How to Dispute Car Accident Fault

How to Dispute Car Accident Fault

If you’re accused of causing a crash, remember that the other driver’s perspective isn’t always the final judgment. There are actionable steps you can take to dispute the opposing driver’s account.

What’s more, is California is a comparative fault state. This means that even if you are at fault, you can recover for your injuries.

If you find yourself in a car accident situation with conflicting accounts, it’s important to enlist the expertise of our Tarzana car accident attorneys at LA Century Law, who can dispute fault, liaise with the insurance company and fight for your right to fair compensation. Get in touch with us right away to begin protecting your case against accusations of fault.

Disputing Liability in a Car Accident With Conflicting Stories

Gather evidence

Clear evidence can significantly strengthen your case when faced with a car accident with conflicting stories. Document the scene by taking detailed photos of critical clues, such as the positions of all vehicles involved, property damage, skid marks, and road conditions.

Utilize accident reconstruction

Accident reconstruction can be a powerful tool in disputing car accident liability. The concept relies on scientific principles, physics, and engineering to recreate the sequence of events leading up to an accident. It provides an unbiased accident analysis by considering various variables; for instance, vehicle speeds, trajectories, weather, or poor infrastructure.

This objective analysis helps determine the accident’s actual contributing factors. Accident reconstruction creates visual representations of the accident using computer simulations, diagrams, and models. These demonstrations help judges, juries, insurance adjusters, or opposing parties better understand complex accident scenarios. Clear and compelling visuals can enhance the credibility of the disputed claims and arguments.

Lawyers hire accident reconstruction experts to analyze the physical evidence, witness statements, and other relevant data relating to the accident. Their expertise can be used to corroborate your version of events and challenge the opposing driver’s claims.

Collect witness testimony

Individuals who were there at the accident scene, like other drivers or pedestrians, can provide accounts that support what really happened in the moments before the crash. Police officers who responded to the scene may also have statements as to what they witnessed when they arrived.

Because witnesses are pivotal in car accident trials, write down the names and contact information of those present. Memory can be difficult to preserve, and submitted recorded statements, as early as they can be reliably collected, can be key to lowering the percentage of fault for your accident.

California’s Contributory Negligence Law

Contributory negligence laws come into play when both parties ultimately share some degree of fault.

California follows a pure comparative fault system, which means that even if you are partially at fault, you can still recover damages. The court examines the evidence presented and considers factors like actions, negligence, and other relevant circumstances to assign this share.

Once the percentages of fault are determined, the damages awarded to the plaintiff are adjusted accordingly. California’s approach implies that any compensation awarded to the plaintiff is decreased by their percentage of blame. For example, if you’re deemed to be 30% at fault, and the total compensation is $100,000, you’ll be awarded $70,000.

Even if one motorist is 90% at fault, they can still receive 10% of the total damages when compensation is calculated to reflect their accountability. This approach recognizes that accidents often involve multiple factors, and in some cases, one party cannot bear all the blame. By considering the respective degrees of fault, the court can determine a fair and equitable distribution of damages.

Consult an Experienced Car Accident Attorney at LA Century Law Today

Disputing liability in a car accident requires a strategic approach and extensive legal knowledge. It is difficult to dispute fault for a car accident alone to the insurance company. Hiring a skilled car accident lawyer early on in the process increases your chances of a favorable outcome. With a 99% success rate in handling injury cases, LA Century Law can:

  • Assess the validity of your case and provide tailored advice
  • Gather relevant proof to support your version of events
  • Negotiate with the insurance company for a fair settlement
  • Represent you in court if a resolution cannot be reached through mediation

The path to a successful dispute lies in presenting solid evidence that protects your rights to the fullest amount of compensation. Contact us at LA Century Law for a free initial consultation and case assessment.

FAQs on How to Dispute Car Accident Fault

Can I dispute a car accident fault if the police report favors the other motorist?

A police report is not the sole determining factor in assigning fault. Our car accident attorneys can review the report, assemble additional evidence, and build a robust case that supports your side of the story.

What if an insurance company denies my claim based on the defendant’s account?

You can challenge the insurance company’s decision and negotiate better terms. Leave this in the hands of an experienced auto accident attorney.

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