Home Vehicle Accidents This is How Fault is Determined for a Car Accident in San Diego

This is How Fault is Determined for a Car Accident in San Diego

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There are many things that drivers may do which will be considered negligence in a legal setting.


San Diego, CA – All states have rules related to fault and negligence to determine who will end up bearing the financial responsibility for any car accident. California uses a system where the at fault party will have their insurance company pay out the losses in many cases. This is similar to the negligence laws in the state, where the driver who deviated from the relevant standard of care may be sued and forced to pay for the damages. There is also a way to divide negligence between all the drivers involved when necessary under the system of comparative negligence.

Insurance rules

Drivers are required to carry liability insurance so that their insurance company will cover any losses caused during the crash, up to a certain amount listed in the policy. The driver who is considered at fault will normally have their insurance company pay the victim in a settlement. This system exists because of the state’s negligence laws, where the driver at fault could potentially be sued to pay for this damage. However, settling and handing things outside of court is preferred for efficiency concerns.  

State negligence laws

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All states allow civil cases where a person who has sustained injuries and damages can bring a negligence lawsuit against the other person or business who caused the problems. The standard elements of negligence include a relevant duty of care on the roads, a deviation from that duty, causation of the accident, and damages or specific losses. The duty of care is based on how a reasonable driver would have handled the same situation. 

Evidence of negligence

There are many things that drivers may do which will be considered negligence in a legal setting. In most cases, traffic violations like going through red lights or stop signs, speeding, drunk driving, or using a phone and getting distracted may all be used as evidence of negligence. This is especially true if there were witnesses that saw this behavior or law enforcement included facts that show negligence in their accident report. California’s laws say that certain illegal actions which result in a crash create a presumption that the driver who broke the law is at fault. 

Accident lawyers in California

Jeffrey Estes Injury Lawyers is a firm that handles various kinds of accident cases in the San Diego area. Their attorneys are available to meet with anyone who has recently been harmed in a car accident. 

USAttorneys.com is a service that helps people find local lawyers in every city around the country. People who are looking for an attorney can call 800-672-3103.



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