For many injured victims in California, approaching an injury claim can feel like venturing into an unfamiliar, confusing world of legal complexity. You may encounter various confusing terms for the first time, such as “negligence,” “statute of limitations,” or “plaintiff.” One of the most confusing terms for many injured victims is “at-fault.” What exactly is California’s at-fault system? How do you navigate this system effectively after a car crash? What do you need to prove? To answer these questions, consider a consultation with a qualified injury attorney in California. Although approaching an injury claim might be confusing, you do not need to become a legal scholar in order to receive compensation for your damages.

What Does At-Fault Mean in California?

The term “at-fault” is somewhat self-explanatory. If someone is at fault for an accident, they caused that accident. In the context of personal injury law in California, this refers almost exclusively to auto accidents. After a traffic accident, various parties attempt to determine the root cause. These parties typically include the local police, injured parties, insurers, and auto accident lawyers.

Why is it important to determine who was to blame for a California car accident? Because until an injured victim determines who was at fault, it is very difficult for them to pursue compensation. One of the few routes to compensation after a car accident in California is to file a personal injury lawsuit against the at-fault party. If the injured plaintiff cannot identify the party that caused the accident, options for compensation may be limited.

At-Fault vs. No-Fault

It is perhaps easier to understand the at-fault system in California when you consider its opposite: No-fault insurance. Under this system, an injured plaintiff can pursue compensation without ever assigning blame. Instead, they can simply file a claim through their own Personal Injury Protection (PIP). In other words, each driver typically deals with their own insurer and handles their damages through their own policies. It is worth noting that no-fault systems are quite rare in the United States, and the vast majority of states adopt at-fault systems instead.

There are pros and cons to each approach. While a no-fault system can provide compensation in a somewhat streamlined manner, the actual amount of compensation is generally lower. This is because no-fault insurance does not provide any compensation for non-economic damages. These include PTSD, anxiety, emotional distress, disfigurement, and various other psychological/emotional issues.

With an at-fault system, however, you have the right to sue. This means you can claim non-economic damages, and these damages have the potential to drastically increase your total compensation. This is especially true in traumatic, catastrophic, and painful car accidents. On the other hand, the no-fault system lets you pursue compensation even if you cannot identify or locate an at-fault driver. For example, you might have suffered injuries in a hit-and-run or a single-vehicle accident.

Proving Negligence in a No-Fault Claim

The main downside to the at-fault system is the requirement to prove negligence. If you want to file a personal injury lawsuit in California, you will need to prove that someone else was negligent. The exact definition of negligence is somewhat elusive, and it may change depending on the circumstances of each situation. Generally speaking, however, a negligent party fails to act in a reasonable, responsible manner.

There are also four elements of negligence that you must establish in order to win your personal injury lawsuit:

  • Duty of Care: First, you will need to establish that the at-fault driver owed you a “duty of care.” Every driver in California adopts this duty of care when they get behind the wheel or obtain a driver’s license. There is an inherent expectation that they will obey traffic laws, remain sober while driving, and refrain from irresponsible, reckless acts. Establishing a duty of care in an auto accident lawsuit is relatively straightforward.
  • Breach of Duty: Establishing that the at-fault driver breached their duty of care may be more complicated. In order to fulfill this requirement, you will need to show that they failed to act in the same manner as a reasonable, responsible driver. Examples of breaches are essentially endless. A serious breach might include performing a dangerous stunt while intoxicated. However, even a somewhat minor breach can fulfill this requirement – such as failing to properly merge onto a highway.
  • Causation: Injured victims in California will also need to show that the at-fault driver’s breach of duty led directly to their accident. In other words, they must establish a cause-and-effect connection relationship between the two events. For example, a driver might run a red light and hit you while you were walking across a road. In this case, the breach (running a red light) clearly led to the accident. A breach without this causational relationship does not constitute negligence.
  • Injuries: Finally, you will need to prove that you suffered real injuries as a result of the accident. Without genuine physical harm, it becomes virtually impossible to file an injury claim. Fortunately, this process is quite straightforward – and mostly involves collecting and showing your medical records. 

Most Injury Claims Never Go to Court in California

Note that although establishing negligence is an important step in California injury claims, this doesn’t necessarily mean you’ll do so in court. Most injury claims are settled out of court via formal negotiations alongside insurance adjusters. While aspects of fault may become talking points during these negotiations, insurance adjusters generally offer financial settlements to avoid going to court. Your injury lawyer in California can negotiate on your behalf for a fair settlement.

Find an Experienced Personal Injury Attorney in Rancho Cucamonga

If you have been searching for an experienced injury attorney in California, look no further than the Miracle La, APC. When you work alongside a qualified injury attorney, you can focus your attention on the healing process. While injury law is a complex subject, there is no need to gain an extensive understanding of this process before you pursue compensation. Book a consultation with an injury attorney, and you can get started immediately – even if you’re not 100% certain about how this process works.