Setareh Law
February 4, 2024
You might assume that the person who hit you in a rear-end accident immediately assumes liability for your accident-related losses. That isn’t always the case, though. There are other parties who may have to assume liability for your losses if you find evidence of their misconduct.
What’s more, you may have to contest a negligent driver’s attempts to place the blame for your accident on you. How can you get ahead of these accusations while appropriately assigning fault for your crash? The rear-end vehicle accident lawyers with Setareh Law can help you use applicable evidence to name a liable party long before your statute of limitations expires.
California and Pure Comparative Negligence in Rear-End Crash Cases
California operates on an understanding of a concept known as “comparative negligence.” Pure comparative negligence allows almost anyone to recover damages following a rear-end collision and related accidents. However, California reduces the compensation a person receives in a comparative negligence case by the percentage of fault that party contributed to an accident.
For example, say you go to court demanding compensation for rear-end crash losses, but the court holds you 10% liable for your accident. If you’re set to receive $10,000 in damages, the court may reduce your settlement by $1,000, which is 10% of the original settlement.
It’s with pure comparative negligence’s risks in mind that our team recommends creating an ironclad argument assigning liability for your accident losses. We can help you throughout this process by gathering the evidence necessary to meet California’s burden of proof.
How to Assign Liability After a Rear-End Vehicle Accident
Our team can break the process of assigning liability down so that you understand who you may have the right to hold liable for your personal injury claim.
Finding Evidence of Fault
Liability hinges on what evidence of negligence you can find at the scene of a rear-end collision. For example, if there’s video footage of another driver accelerating on an intersection where you’re parked, you can use that footage to hold the driver liable for your losses. Alternatively, if there’s vehicular evidence of a car’s brakes failing, you may have the right to hold that car’s manufacturer responsible for your losses.
Our team of investigators can return to an accident scene on your behalf to gather the evidence necessary to assign fault for your rear-end collision. This data can include the following:
- Video footage of the accident
- Photos from before and after the accident
- Debris found at the accident scene
- Bystander testimony
- Expert witness testimony
You can count on our team to keep you in the loop as we bring together the data needed to bring your case forward in civil court.
Accounting for Unique Accidents
It’s important to note that if you get into a rear-end accident with a rideshare driver, truck driver, or corporate employee, you may have to take contracts into account. Independent contractors on the roads in California must take responsibility for their own roadway behavior. Employees, however, may default fault for an accident onto their employers.
Contact a Knowledgeable Rear-End Accident Lawyer at Setareh Law Today
The sooner you get in touch with a knowledgeable rear-end accident lawyer from Setareh Law, the sooner you can get back on your feet again. Let our team bring together the evidence you need to assign liability with your losses today.
You can contact us online or call us at (310) 659-1826 to book your rear-end car accident case consultation for free. Our team also speaks Spanish.
