Who Is Liable for a Car Accident and How Can a Car Accident Lawyer Help?

Being seriously injured in a car accident in Los Angeles is scary and overwhelming. When you’re dealing with injuries, damaged vehicles, and mounting bills, one of the biggest questions you likely have for your car accident attorneys is: Who’s going to pay for this?

The answer depends on who caused your car accident. Sometimes, figuring that out isn’t straightforward. If you’ve been hurt in a car crash that wasn’t your fault, understanding how liability works can help you get the compensation you deserve.

On this page, The Dominguez Firm’s car accident lawyers explain how liability works and how a personal injury lawyer with experience handling car accident claims can help you effectively find justice for your losses.

The Dominguez Firm offers free consultation at (800) 818-1818.

What Is Legal Liability in a Car Accident Claim?

When a car accident happens, figuring out who is at fault is key. Legal liability simply means who is responsible, or at least more responsible, for the accident.

This responsibility comes from acting carelessly, a legal concept known as negligence. All drivers have a duty to drive safely. When a driver is negligent, meaning they fail to use reasonable care (for example, by texting or speeding), they break that duty. If their carelessness causes an accident, they become legally liable for any injuries, property damage, or other losses they cause.

What Are the Most Common Causes of Car Accidents?

Most car accidents happen because someone made a dangerous driving choice. Here are the most common ways drivers become liable for car accidents:

• Distracted Driving: Texting, talking on the phone, eating, or anything else that takes attention away from the road
• Following Too Close: Rear-ending someone because they couldn’t stop in time
• Running Red Lights or Stop Signs
• Speeding or Reckless Driving
• Drunk or Impaired Driving
• Failing to Yield: Not giving the right-of-way to other drivers, pedestrians, or cyclists
• Unsafe Lane Changes: Cutting people off or not checking blind spots
• Poor Vehicle Maintenance: Driving with bad brakes, worn tires, or other mechanical problems

Sometimes more than one person shares the blame. For example, if you were in an accident where the other driver ran a red light, but you were speeding, you might both be partially responsible. In this type of scenario, it’s vital you have a skilled auto accident attorney by your side.

How Do Insurance Companies and Car Accident Lawyers Determine Fault After a Car Accident?

After a car accident, several parties will investigate to determine who’s at fault. Understanding this process helps you know what to expect:

• Insurance Companies conduct their own investigations. They’ll review the police report, interview drivers and witnesses, look at photos of the damage, and sometimes bring in accident reconstruction experts. They don’t do all of this to make you a fair offer; they do so to try and minimize your payout.
• Police Officers respond to the scene, document what they see, interview people involved, and write an official accident report. Police reports are important, but they’re not the final word on who’s at fault, especially if one of the drivers never gave their account of what happened because they had to be rushed to the ER.
• Personal Injury Lawyers conduct a thorough investigation on behalf of their clients. They gather evidence that the insurance companies might miss or ignore, interview additional witnesses, and work with car accident experts to build the strongest possible case.
• Courts make the final decision if your case goes to trial. A judge or jury will review all the evidence and decide who was at fault and how much compensation you should receive.

What Evidence Does Your Car Accident Lawyer Use to Prove the Other Driver Was at Fault?

Strong evidence is crucial for proving your case and getting fair compensation. Generally, if you’ve suffered serious injuries, you are in no condition to collect any evidence. By hiring an experienced car accident attorney immediately, they can get an investigator to the accident scene quickly before vital evidence is lost.

Your injury lawyer will also conduct the comprehensive investigation needed to build your case.

Physical Evidence from the Scene:

• Photos of all vehicles involved and their damage
• Skid marks on the road
• Debris patterns
• Traffic signal conditions
• Road hazards or construction

Official Documentation:

• Police accident report
• Traffic citations issued
• Medical records showing your injuries
• Hospital bills and treatment records

Witness Statements:

• People who saw the accident happen
• Passengers in the vehicles
• Expert testimony from accident reconstruction specialists

Technology Evidence:

• Traffic camera footage
• Dashcam videos
• Cell phone records (to prove distracted driving)
• Vehicle computer data

Time is critical because memories fade, physical evidence disappears, and camera footage gets erased. That’s why it’s important to contact a car accident lawyer as soon as possible after your accident. While you focus on recovering from your injuries, your legal team will handle gathering the evidence needed to prove the other driver’s liability.

Who Pays for Damages If More Than One Person Was at Fault For the Car Accident?

In many accidents, both drivers share some responsibility. Most states, including California, use what’s called “comparative negligence” to handle these situations.

Here’s how it works: If you’re found to be 20% at fault for the accident and the other driver is 80% at fault, you can still recover 80% of your damages. So, if your total damages are $1,000,000, you could receive $800,000.

This system actually helps accident victims because it means you can still get compensation even if you made a small mistake that contributed to the collision.

What Can Your Car Accident Attorney Do If the Other Driver Denies Fault?

Don’t panic if the other driver claims the accident wasn’t their fault. This conflict happens often. Insurance companies will still investigate, and denial doesn’t prevent you from pursuing compensation if the evidence supports your case.

This is where having a skilled car accident injury lawyer becomes invaluable. An experienced car accident attorney knows how to:

• Gather compelling evidence
• Interview witnesses effectively
• Work with accident reconstruction experts
• Deal with insurance company tactics
• Present your case convincingly before a court, if necessary

Does Acting Quickly Help a Car Accident Lawyer Prove Fault?

Time is critical when determining liability after a car accident. The longer you wait, the harder it becomes to prove who was at fault. Important details can be lost. Witnesses may forget what they saw, skid marks fade, and traffic or surveillance camera footage is often erased within days.

By contacting a car accident lawyer right away, you give them the chance to secure this evidence before it disappears. Your attorney can send investigators to the scene, speak with witnesses while their memories are fresh, and obtain official records or video that may clearly show how the accident happened.

Taking action right away strengthens your case and makes it more likely that liability will be established in your favor.

Hire the Experienced Car Accident Lawyers at The Dominguez Firm

Determining fault in a car accident can be complicated, especially when you’re dealing with injuries and trying to get your life back on track. Insurance companies have teams of adjusters and lawyers working hard to try and pay you the least amount possible, regardless of the extent of your injuries. You deserve to have experienced legal representation fighting for your rights, too.

At The Dominguez Firm, we’ve been helping people injured in car accidents get the compensation they deserve for decades. We understand how overwhelming this process can feel, and we’re here to handle the legal complexities while you focus on healing.

Don’t let the insurance company take advantage of you. If you’ve been injured in a car accident, contact us today for a free consultation at (800) 818-1818.

Your road to recovery and fair compensation can start with just one phone call.