Having a good lawyer is necessary when building a case on your behalf. Most car accidents are not easily solved and require investigations into the circumstances surrounding the accident.
‘Was anyone under the influence? Did anything malfunction? Were the drivers paying attention to the road?’ are all questions a Century City car accident lawyer will ask when they are determining liability in a case.
Using the information you provide, they can investigate who is liable for your damages and help you obtain the compensation you deserve. For the best possible results, it’s recommended that you speak to an attorney sooner rather than later.
How is Liability Determined?
In a personal injury case, attorneys determine liability by figuring out if someone’s actions were negligent. Negligence is the failure to behave with a reasonable level of care under the same circumstances.
A party can only be held at fault for something if they owe you a duty of care. If their failure to uphold that duty led to your harm, they can be held liable for any damage you received.
When reviewing a case, an attorney will look for these important aspects to prove negligence:
- Duty of Care– There was a legal obligation to offer a standard of care to avoid careless acts that can potentially harm others. (For example, all drivers on public roads owe a duty of care to other drivers to be safe and responsible.)
- Breach of Duty– The offending party failed to offer the standard of care. (In this example, a driver may be texting while driving or changing lanes aggressively.)
- Causation– The lack of care was the direct reason for your injuries. (Because of these negligent behaviors, the driver crashed into you.)
- Damages– The harm you suffered was a direct result of their carelessness. (The crash resulted in you suffering serious injuries.)
How This Applies in a Car Accident
In California, anyone who is a part of a car accident is responsible for the accident to some degree – ranging from zero percent responsible to 100 percent responsible. This is known as comparative negligence. Attorneys will examine the evidence and determine the percentage of fault between all involved parties. A person will hold more responsibility if they are found to have acted negligently.
These are some examples of potentially negligent behaviors:
- Texting while driving
- Distracted driving
- Driving under the influence
- Speeding
- Making illegal turns
- Following a vehicle too closely
- Failure to inspect vehicle
- Drowsy driving
- Running a red light or a stop sign
There were over 4.9 million medically consulted injuries from motor vehicle accidents throughout the country in 2024. Serious injuries, car repairs, and other damages can quickly add up, which is why a Century City car accident attorney can help if you’re scrambling to gather financial resources.
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How to Prove Liability After an Accident
If you’re in a car accident, it’s important to not only prove the reasons why a car accident occurred but also to showcase the extent of the damage received because of it. The more evidence you have, the easier it will be for your car accident lawyer to make a stronger case on your behalf.
- Physical Evidence – A picture is worth a thousand words. Taking photos and videos of the accident can go a long way in helping adjusters and your attorney determine overall fault in an accident. It helps to verify who was on the scene, the damage to each vehicle, and what the weather conditions were like at the time. Make sure to exchange contact and insurance information with the other drivers as well.
- Medical Records – After an accident, it’s recommended to visit the doctor as soon as possible for a checkup. Not all injuries from a car accident will manifest immediately. Sometimes our injuries can be hidden from us until they become a serious problem, like internal bleeding.
- Testimony – Witness testimony can be crucial for a car accident case. Sometimes, an eyewitness can offer a new perspective that can give a different understanding as to why an accident could happen. If there are witnesses at the scene of your accident, it’s highly recommended that you gather their contact information and provide it to your insurance company and your attorney.
- Documentation – At the scene of a car accident, it’s recommended to call the police. This is to get an official statement of the scene from a neutral third party. Typically, you only need to file a report if there was an injury, fatality, or property damage. However, it’s a good idea to report regardless because it can make it easier for you to file a claim in the future.
What Are Common Mistakes People Make in a Personal Injury Claim?
It’s common to not be able to have all the evidence in an accident. Most people don’t get police reports or witness testimonies unless the accident was a disaster like a multi-car accident or if there was a fatality or serious injury. In the long run, not having that information doesn’t affect your accident report for something minor like a fender bender.
However, there are some things that will do more harm to your case, such as:
Waiting too Long to File a Claim
In California, there is a two-year limit to report an accident. However, the longer you wait, the more likely it is that your case will be considered weak. Two years is a lot of time for witnesses to change numbers and evidence to disappear. If you wait until the two-year mark, your credibility will also be questioned.
Lack of Documentation
Not having all the information documented won’t necessarily hurt your case. However, not taking photos, videos, or even exchanging insurance information with the other driver will severely hurt your case. A good lawyer will dismiss your claim without this evidence.
Hit and Run Case
In a hit and run case, it’s likely you won’t have evidence besides the damage to your car. However, in a hit and run case it is recommended that you contact the police and make them aware of a hit and run. The police will give you a report that you can take to an attorney.
Talking to Insurance Companies without an Attorney
Insurance companies often focus on their bottom line. Settlement offers from insurance companies often mean being offered less compensation than you deserve.
Trying to negotiate with an agent without the legal know-how can may lead to a bump in your compensation, but it will be nowhere near what you deserve. Speaking to an attorney to negotiate on your behalf is a surefire way to receive what you deserve without having to learn the legal jargon.
Admitting Fault
California is a comparative negligence state. While there will still be an investigation, insurers and attorneys will take your admittance of guilt into account and try to pin more of the accident on you and reduce your compensation. The best course of action is to stay silent and let the adjusters present their findings.
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Why Work with a Century City Lawyer?
Partnering with a Century City car accident lawyer can bring many benefits. We work with the local community to assist those who require our legal expertise.
We at Vaziri Law offer:
- Compassionate legal counsel that knows your name and story
- Negotiation on your behalf
- 100+ years of legal expertise
- Access to local resources
- Representation in court
Our services are contingency based, so you don’t pay anything until we win your case!
FAQ
What if I Don’t Want to Go to Court?
Most cases are settled in the negotiation stage. It’s rare when a car accident case goes to court. If it does, it usually involves government vehicles, disputed liability, or catastrophic injuries.
Do I Always Need a Lawyer?
If your car suffered surface level damage like a broken light and you suffered no injuries, probably not. However, it’s recommended that you speak to an attorney for peace of mind and the full picture of your legal rights. We at Vaziri Law offer free, no-obligation consultations. If you have a question about your situation, we’re here to help.
Are Fault and Liability the Same Thing?
Not really. Proving fault means using evidence to determine who or what is the cause of an accident. However, liability focuses more on who has the legal responsibility to protect you. While the party at fault and the liable party are often the same, there may be exceptions.
For example, you could’ve fallen off a faulty ladder at work and injured yourself. The fault of the accident would be the faulty ladder, but your employer would be liable for your injuries since they did not fix or inform you of the broken ladder before it caused harm.
What if I Get into an Accident Out of State?
If you get into a car accident out of state, you have two options. You can file a lawsuit in the state where the accident happened, or in the state where the other party resides. Speak with an attorney to learn more about the process and how those states define negligence and liability. If your California vacation was halted by an injury or accident, you can find help from Vaziri Law.
How Long Will My Case Take?
That depends on the circumstances surrounding your case. Cases with straightforward liability and simple injuries can take a few weeks. Cases with complex injuries and treatments, disputed liability, or accusing major corporations or government bodies can take years to resolve. Speak to your lawyer to learn how long your specific case may take.
Contact a Century City Car Accident Lawyer Today!
If you find yourself needing the expertise of a Century City car accident lawyer, contact Vaziri Law. Our team of dedicated attorneys will fight for you and your loved ones. With over 100 years of experience, we have helped people recover millions of dollars in settlements. Follow Vaziri Law on social media to learn more about us!
