In all auto accident cases, there are two main questions,

1.   How will we resolve the liability between the parties involved;
2.   How will we compensate the party not at fault.

While this seems simplistic, it actually includes quite a bit of law and case theory, all balled into one auto accident. This article will examine each subject in detail, to help an auto accident victim understand the claim, and process of making a claim, for damages in an auto accident.

Liability for causing of the accident

In an auto accident, liability means driving into, or striking someone, or some thing, because you were not obeying the rules of the road. We have a complex set of road rules in California contained in the California Vehicle Code. Statutes are designed to give each driver a rule of the road to follow so that true "accidents," where someone is not at fault, do not occur. As an example, if one party runs a red light causing an auto collision, then that party violated California Vehicle Code S 21453. "Red or Stop (a) A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b)."

Likewise if a driver failed to obey the speed limit, and that failure caused an accident, then that driver violated the basic speed law of California, Section 22530, and is responsible for the accident. A number of factual scenarios exist to impose liability on a driver violating the law.

Note that not all violations of the California statutes controlling cars and drivers will lead to civil liability. The violation MUST cause or contribute to cause the accident or injury. Therefore if our driver was speeding but in no way did the speed contribute to cause the accident, then the violation may deserve a ticket, but not civil liability. Once liability has been determined on the basis of violation of statute or laws of the road, and the violation caused the accident, then a good lawyer's analysis looks to any contributing factors.

Comparative fault

California adheres to the law of Comparative Fault, which simply says that each party will pay for their share of the accident that they caused by not following the rules of the road. If a driver turned left into another's pathway at an intersection, and the other did nothing wrong, not speeding, paying attention, braking to avoid the accident if there was time to do so, then 100% fault will be placed on the turning vehicle. Contrast, our left turning vehicle was turning safely, except for a car approaching at 3 times the speed limit, striking the left turning vehicle, it would likely be that the vehicle traveling straight is at fault for causing the accident, by traveling in violation of the basic speed law at such a high rate of speed. Had the straight vehicle been traveling at the speed limit, the accident would not have occurred.

Each accident is different and requires first that the client or attorney examine the statutes that are applicable, then the facts of each accident. It is important to dovetail all the investigation, See Witness Identification and Statements in Auto Accident Collisions into the analysis as well. In this way the entire "Picture" of liability can be understood and achieved. Once a thorough understanding of the collision facts, laws and statements with evidence is compiled, it can be set forth in a demand package to the other party or their insurance carrier. See Handling an Auto Accident Case on Your Own.

Damages

Once liability is established and the amount, if any, of comparative fault, then the non-negligent, or partially negligent, auto accident victim is entitled to damages in accordance with what they did not cause. Damages can be broken down into five main categories:

Each of the first four must be documented by proof. Property damage is developed through analysis of the repair or replacement of the vehicle, see How Do You Settle and Adjust Your Automobile Accident Property Damage?.

A medical bill must be derived from treatment, and be reasonable and necessary. Future medical bills, or treatment needed in the future, should be predicted to a reasonable degree of medical necessity, and the cost itemized. See our Injury Guide. More seriously injured auto accident victims should not try to represent themselves as these types of claims are important to your future, and need specialized handling, See Three Great Reasons to Hire an Attorney for Your Auto Accident Case.

Wage loss should be proved by employment documents of time missed because of the accident. If self employed, the accident victim should show lost wages by comparing prior earnings with the period after the accident, to show less income. Tax records are privileged, so consult an attorney or speak to us for free before giving those records. Call us at 1-888-752-7474, or Contact Us Online. Future earning loss must be demonstrated as likely to occur, and should be documented by professionals in health, and earnings rehabilitation fields.

Pain and suffering is not set by formula. It is the amount of money that a person is willing to accept for the time, trouble, inconvenience, pain, and disruption of the quality of their life, due to the accident, and caused by the other party. Many clients state they do not want exorbitant sums for pain and suffering, and also do not want to go to court. Here is where a qualified attorney's judgment will help a client immensely in the handling of the case.

If you and the insurance company cannot agree on an amount of pain and suffering, a jury will decide the amount for you. Many prospective clients do not understand that they are in complete control of the settlement of their case. A good attorney will make recommendations, but always encourage the client to do what the client wants, after being informed of all the information about the case, and parties.

If you are unsure you need an attorney see Three Great Reasons to Hire an Attorney for Your Auto Accident Case or feel free to call us for a free consultation, even if you need an attorney. See our Homepage for our philosophy about advise and why we want you to call, even if you do not want to hire an attorney.

Small cases may not need an attorney. You can find out if we think you really do not need an attorney by calling us at 1-888-752-7474 or Contact Us Online.