The reality is that the odds of getting into an accident have increased tremendously with the advent of higher smart phone use. Distracted driving has become commonplace, and so have vehicle collisions. Once you know your safe, the question comes up. Who is at fault?
Drivers have a duty to exercise reasonable care while behind the wheel. Obvious infractions or violations of the California Vehicle Code, such as driving in excess of the speed limit, ignoring traffic signals, failing to signal, etc. can be used as evidence of one’s negligence in contributing to the cause of a car crash. All of these are examples of evidence which may assist the decider in their determination of fault.
Who decides fault? Typically, it is an insurance adjuster, sometimes aided by a police report which is based upon statements from the drivers and possibly witnesses to the accident, physical evidence, such as skid marks on the road, damage to the cars, etc. However, sometimes fault is not easily determined and a car accident case winds up in court, so that a judge or jury can make a fault determination.
August 31, 2016
