Being involved in a car accident can effect your health, work, and family life. Be sure to immediately seek medical help should you be involved in a car accident.
Payment of Damages
When a car accident occurs, the at-fault driver and their insurance company will be responsible for damages and injuries resulting from the crash. The insurance carrier will pay for damages up to policy limits and the driver will be responsible for any excess claims.
Determining Fault and Liability for a Car Accident
In the State of California the plaintiff must prove that the other driver is at fault and that they have liability for any resulting injuries and damage. Fault is determined by evidence gathered at the scene of an accident which includes eyewitness accounts. To prove liability, the injured party must prove:
- The other drive owed a legal duty; to operate the vehicle with a reasonable standard of care.
- The duty was breached; the other driver was negligent in maintaining the duty of care. A traffic citation is proof that a driver breached their duty of care.
- Resulting injuries caused by the breach; this breach was responsible for the accident and injuries.
- Injuries were foreseen; the damages could be contemplated to occur from the driver’s breach.
You must have evidence to support your claim for injuries and property damage. To limit any recovery, you must also prove that you were not at fault for causing the accident. The most compelling evidence are statements from witness who saw the accident and are willing to testify about what they saw happen. Witness statements can prove who was responsible for the accident and the severity of any injury.
Documentation of an Accident
Should you be involved in a car accident, you should Immediately notify the police. This will not only help you in proving fault but will prevent the other party from claiming they were involved in a hit-and-run accident; meaning that you caused the accident and left the scene. You need to create a record that is as near in time to the actual incident as possible. Immediately seek medical attention if you injuries are severe. If your injuries are minor, take a little time to photograph the scene and to gather witnesses contact information.
Medical Care and Records
As soon as possible after your car accident, seek medical attention. Even if you are not feeling any immediate effect, see a medical professional to evaluate your condition. You may not realize that you have internal injuries, are in shock, or have some other form of trauma from the accident.
If you have exchanged information with the other driver, be sure to notify both your insurance carriers about the accident. Otherwise, be sure to notify your insurance carrier.