Who Can Be Liable for a Car Accident in Bakersfield?

After a Bakersfield car accident, people often ask who was at fault. While the answer may seem obvious, multiple parties can share liability, including another driver, a trucking company, a vehicle manufacturer, or a government agency.

Determining liability is crucial in a Bakersfield car accident claim, as it determines who pays for your injuries, lost income, vehicle damage, and other losses.

Were you seriously injured in a Bakersfield car crash? Call the auto accident attorneys at The Dominguez Firm today for a free consultation at (877)610-1818. 

What Does Liability Mean in a Car Accident Case?

Liability is the legal term for responsibility, or fault. In a car accident case, it refers to who caused the crash and who pays for any damages.

Establishing liability matters because it affects who could be required to pay your:

• Medical bills, both current and future
• Lost wages and earning capacity
• Damage or loss of your vehicle or other property
• Pain and suffering
• Emotional distress

Can More Than One Person Be Liable for a Bakersfield Car Accident?

Yes, liability isn’t always limited to one person or entity. Depending on the circumstances, multiple parties may share fault.

In Bakersfield, where commercial and agricultural traffic is a daily presence on Highway 99, Interstate 5, and surrounding roads, that’s especially relevant. Some common examples of shared liability include:

• A truck driver and the trucking company that employed them.
• A driver who was working and their employer, if the driver was on the clock. 
• A vehicle manufacturer whose defective product contributed to the accident.
• A government agency, if a dangerous roadway condition caused the incident.
• Multiple drivers involved in a chain-reaction collision.

Identifying every liable party matters. Missing one could mean leaving compensation on the table when you need it most.

Can I Recover Compensation if I Share Some of the Blame?

Yes. California is a pure comparative negligence state, meaning you can still recover compensation even if you were partly at fault for your Bakersfield car accident. You can even be over 50% at fault for your accident and still take legal action here. Any compensation you receive would be reduced by your percentage of responsibility.

For example, if another driver turns left in front of you and causes a collision, they will generally bear most of the blame. However, if you were speeding at the time, you may share some responsibility. 

So, if you’re awarded $1,000,000 but found to be 20% at fault for speeding, your recovery would be reduced to $800,000.

One important note on this question: remember that car accidents happen in seconds. Your recollection of what occurred may not be complete or noted, especially if you suffered a serious injury and had to be rushed to the ER. In those situations, the police report will be biased, only reflecting the other driver’s point of view. 

How Insurance Companies Try to Take Advantage of Comparative Negligence

Insurance companies often try to shift blame onto injured victims to reduce payouts. If the police report states that you were driving too fast, the defendant’s insurer may try to use that against you and intimidate you into taking a much lower settlement amount.

Hiring a Bakersfield car accident attorney immediately can help protect the value of your claim. Your lawyer knows how to counter their common underhanded tactics. They can also secure critical evidence before it disappears, to help establish a clear picture of who caused the crash.

Also, keep in mind, you are under no obligation to speak to an insurance adjuster before hiring an accident injury attorney. No law in California requires you to speak to them or give them a recorded statement, regardless of what they might tell you. Instead, let your car accident lawyer handle all communication with the others involved in your claim.

What Makes Determining Liability More Difficult in Some Bakersfield Car Accidents?

Certain local conditions can make determining liability more challenging in Bakersfield than in other parts of California.

Bakersfield drivers frequently encounter:

• Dense Tule fog that can reduce visibility and contribute to chain-reaction crashes
• Heavy commercial traffic on Highway 99, State Route 58, and nearby Interstate 5
• Agricultural vehicles sharing the road with passenger cars
• High-speed collisions on major highways and rural roads
• Multi-vehicle crashes involving several potentially responsible parties

When commercial vehicles collide, liability may extend beyond the driver. Depending on the circumstances, a trucking company, employer, maintenance provider, or another third party may share responsibility for the crash. These types of accidents can also involve multiple vehicles, making liability more difficult to determine.

Because evidence can disappear and witness memories fade, hiring a Bakersfield car accident attorney right away can help protect your rights and the value of your claim.

Who Can Be Held Liable for a Car Accident in Bakersfield?

In many Bakersfield car accidents, another driver is the party primarily responsible for the crash. Drivers who engage in dangerous behaviors, as outlined below, may be held liable for the injuries and damages they cause.

Distracted Driving

Texting, eating, adjusting vehicle controls, or engaging in other distractions can take a driver’s attention off the road and lead to serious accidents.

Speeding

Distances between cities and towns in Kern County can be vast, making higher speeds common on many local roads and highways. Drivers who travel too fast for traffic, weather, or road conditions increase the risk of causing serious collisions. This is especially dangerous during periods of dense Tule fog.

Drunk Driving

Drivers who get behind the wheel while impaired by alcohol or drugs can be held responsible for the injuries and losses they cause. These crashes are entirely preventable and continue to claim many innocent lives every year.

Failure to Yield

Drivers who fail to yield the right-of-way at intersections, stop signs, crosswalks, or while making left turns can cause devastating collisions.

Aggressive Driving

Tailgating, weaving through traffic, and other aggressive driving behaviors can significantly increase the likelihood of a serious crash.

Can the Vehicle Owner Be Liable?

In some situations, the owner of a vehicle may be liable, even if they weren’t driving at the time of the crash. 

For instance, an owner may share liability if they lend their vehicle to someone who shows clear signs of being intoxicated. If that driver causes an auto accident, the vehicle owner could also be held responsible for some of the resulting damages.

Can a Trucking Company Be Liable?

Yes, trucking companies can also be responsible for a truck driver’s accident. Depending on the circumstances, a trucking company may share liability if its actions contributed to the collision.

• Hiring drivers with poor safety records or insufficient qualifications.
• Failing to properly train drivers.
• Encouraging unrealistic delivery schedules that lead to speeding or driver fatigue.
• Violating federal hours-of-service regulations designed to prevent drowsy driving.
• Failing to inspect, repair, and maintain commercial vehicles.

Truck accidents are usually more complex than standard car accident claims because it’s common to have multiple parties. In addition to the driver, liability could extend to the trucking company, a maintenance contractor, a cargo-loading company, or another business involved in the transportation process. 

Determining who is responsible often requires a detailed investigation and a review of transportation company records, maintenance logs, and driver qualification files.

Can an Employer Be Liable for a Work-Related Crash?

Yes. Sometimes the company that employs the driver can also be responsible for a car accident.

This commonly happens when an employee causes an accident while performing work-related duties, such as making deliveries, traveling to a job site, visiting customers, or running errands for their employer.

An employer may also share liability if they:

• Failed to properly train or supervise employees who drive for work
• Allowed an employee with a poor driving record to continue driving on the job
• Encouraged speeding or other unsafe driving practices to meet deadlines
• Required employees to drive while fatigued or work excessively long hours
• Failed to enforce company safety policies

Identifying an employer’s involvement can be important because their insurance policy often provides additional sources of compensation for injured victims.

Can a Vehicle Manufacturer Be Liable?

Not every car accident is caused solely by driver error. Sometimes, a defective vehicle or component may contribute to the crash.

A manufacturer may be liable if a defect involving any of the following played a role in the collision:

• Defective brakes
• Tire failures or blowouts
• Steering system defects
• Airbag malfunctions

Product liability cases often require technical analysis to determine whether a manufacturing or design defect contributed to the accident.

Can a Government Agency Be Liable?

Government agencies responsible for designing, maintaining, and repairing public roads may be liable when dangerous roadway conditions contribute to a crash:

• Dangerous road design
• Missing, obstructed, or confusing traffic signs
• Inadequate warning signs around construction zones
• Malfunctioning traffic signals
• Poor road maintenance
• Potholes and other roadway hazards

A government agency can also be at fault if one of its employees caused a Bakersfield vehicle accident. One clear example is a crash between a car and a postal truck because the mail carrier was speeding.

Claims against government entities are often subject to more documentation and much shorter deadlines than ordinary car accident claims. It’s generally six months from the date of the car accident. 

Given these requirements, it’s important to consult a Bakersfield car accident attorney as soon as possible if you believe government negligence contributed to your accident.

How Can a Bakersfield Car Accident Attorney Help Establish Liability?

Beyond the police report, establishing liability requires a thorough investigation of every aspect of the Bakersfield car accident. Being thorough can help determine exactly how the crash occurred and who should be held responsible.

A Bakersfield car accident attorney can help:

• Investigate the crash scene and review the available evidence.
• Identify all potentially liable parties.
• Obtain police reports and witness statements.
• Secure surveillance footage and dashcam video before it’s deleted.
• Review vehicle data, cell phone records, and other electronic evidence.
• In an accident involving a commercial vehicle, such as a big rig, your truck accident lawyer will obtain trucking logs, maintenance records, and driver qualification files.
• Work with accident reconstruction experts when liability is disputed.
• Review medical records to connect injuries to the collision.
• Challenge insurer attempts to shift blame onto the injured victim.
• Handle all communications and negotiations with insurance companies.
• If the insurance company refuses to make a fair offer, file a lawsuit to pursue full compensation.

Evidence tends to be more difficult to obtain as time passes. Surveillance footage may be overwritten, witnesses can become difficult to locate, and physical evidence may disappear. 

Hiring a Bakersfield car accident attorney immediately gives your legal team the opportunity to preserve critical evidence and begin building a strong case before important information is lost.

Call the Bakersfield Car Accident Lawyers at The Dominguez Firm Today

Car accidents are always unexpected. When they cause serious injuries, your world can be turned upside down in an instant. At The Dominguez Firm, we’ve been helping car accident victims in Bakersfield and throughout California for over 35 years. Let us do the same for you.

Our litigation attorneys understand the unique nuances of Bakersfield vehicle accident cases. Let us handle every aspect of your accident injury claim so you can concentrate on getting better. You don’t have to settle for what the insurance company wants to pay you. Call us today for a free consultation at (877) 610-1818.