Should I Hire A Motor Vehicle Accident Attorney If I Wasn’t At Fault?
Motor vehicle accidents can be distressing experiences, leaving accident victims shaken, injured, and overwhelmed with a whirlwind of emotions and responsibilities. When you find yourself in such a situation, it’s natural to wonder whether you should hire a motor vehicle accident attorney, especially if you’re certain that you weren’t at fault.
While it’s true that the at-fault party’s insurance company should step in when situations like these occur, the reality often isn’t that straightforward. Even if you were not the at-fault driver, navigating the aftermath of a motor vehicle accident can be complex, riddled with potential pitfalls and complications that could hinder your quest for justice and a fair settlement.
In this blog, we will discuss:
- What is “fault” in a motor vehicle accident?
- How is fault determined in a motor vehicle accident?
- Benefits of hiring a motor vehicle accident attorney
- Cons of not hiring a motor vehicle accident attorney
What is “Fault” in a Motor Vehicle Accident?
Determining fault in a motor vehicle accident is a crucial aspect of the claims process, as it directly impacts who is responsible for covering the accident damages and injuries that result from the collision.
Fault is typically determined based on the circumstances and evidence surrounding the accident. Here are some common criteria and scenarios that can help establish when a motorist is considered “at fault” for a motor vehicle accident:
Traffic Violations
One of the most straightforward ways to establish fault is if one of the drivers involved in the accident violated a traffic law. For example, running a red light, failing to yield the right of way, speeding, or making an illegal turn can clearly establish fault.
Rear-End Collisions
In most cases, the driver who rear-ends another vehicle is considered at fault. This is because drivers are generally expected to maintain a safe following distance and be able to stop in time to avoid a collision. Distracted driving is one of the most common reasons for this type of auto accident. If you were hit by a distracted driver, they may be found at fault for your damages and injuries.
Failure to Obey Road Signs and Signals
If a driver fails to stop at a stop sign, yield at a yield sign, or obey other traffic signals, they can be deemed at fault for the resulting accident.
Failure to Maintain Control
If a driver loses control of their vehicle due to factors such as distracted driving, impairment (e.g., drunk driving), or poor weather conditions, they may be held responsible for any accidents that occur as a result.
Left-Turn Accidents
In many cases, the driver making a left turn is considered the at-fault party if an accident occurs while they are turning, especially if they failed to yield to oncoming traffic.
Determining Negligence
Fault can also be determined based on negligence, which involves assessing whether a driver acted reasonably and responsibly given the circumstances. If a driver’s actions are deemed negligent and directly contributed to the accident, they may be considered at fault.
It’s important to note that fault is not always clear-cut, and there can be cases where both parties share some degree of responsibility for an accident. This is known as “comparative negligence” or “shared fault,” and the degree of fault assigned to each party can vary depending on the circumstances and applicable laws in your jurisdiction.
How is Fault Determined in a Motor Vehicle Accident?
Determining fault in a motor vehicle accident can be a complex legal process that involves various factors and methods. The specific critical steps and procedures for determining fault may vary by jurisdiction, but here are the key factors and procedures involved in determining fault in a motor vehicle accident in California:
- Police report – After a motor vehicle accident in California, law enforcement officers may respond to the accident scene and prepare an accident report. This report typically includes details of the accident, statements from involved parties and witnesses, diagrams, and any citations issued. While the officer’s opinion on fault may be included, it is not binding, and it’s ultimately up to the insurance companies and, if necessary, the courts to make a final determination.
- Evidence and Documentation – Physical evidence, such as photographs of the accident scene, vehicle damage, skid marks, and other relevant documentation such as medical records, can play a significant role in determining fault. This evidence can be collected by the parties involved, witnesses, or accident reconstruction experts.
- Statements and Testimony – Statements made by drivers, passengers, and eyewitnesses can be crucial in establishing fault. These statements may be taken by law enforcement officers at the scene and insurance adjusters during the claims process. Eyewitnesses may be called upon to provide testimony in legal proceedings.
- Traffic Laws and Regulations – Violations of California’s traffic laws and regulations can be strong indicators of fault. If a driver is found to have violated traffic laws, such as running a red light or speeding, it can contribute to a determination of fault.
- Comparative Negligence – California follows the comparative negligence rule, specifically pure comparative negligence. This means that each party involved in the accident can be assigned a percentage of fault based on their actions. Even if you were partially at fault for the accident, you may still be eligible to recover compensatory damages, but the financial compensation amount you can recover will be reduced by your percentage of fault.
- Insurance Company Investigations – Insurance companies involved in the accident will conduct their own investigations to determine fault. They may review evidence, statements, and accident reports to make their assessments. Be aware that insurance companies may have their own interests in mind, so it’s advisable to consult with an experienced car accident attorney if you have concerns about their determination. Some insurance adjusters may use tricks to lower the value of your claim.
- Legal Proceedings – If disputes over fault cannot be resolved through personal injury claims, legal action may be necessary. In court, a judge or jury will hear evidence and arguments from both sides and make a final determination of fault.
It’s important to consult with a qualified personal injury lawyer if you’re involved in a motor vehicle accident in California, especially if there are disputes over fault or if you’ve been injured. An attorney can help protect your rights, negotiate with insurance companies, and represent your interests in any legal proceedings that may arise.
Benefits of Hiring a Motor Vehicle Accident Attorney
Hiring a motor vehicle accident attorney can be highly beneficial, even if you were not at fault for the accident. Here are several advantages to consider:
1. Protection of your rights – An experienced attorney can ensure that your rights are protected throughout the process. They will work to prevent you from being taken advantage of by insurance companies or other liable parties involved in the accident.
2. Legal expertise – Motor vehicle accident attorneys have in-depth knowledge of personal injury law and can navigate the complex legal system on your behalf. They understand the applicable laws, regulations, and statutes that pertain to your case.
3. Investigation and evidence – Personal injury attorneys can conduct a thorough accident investigation, gathering crucial evidence such as witness statements, accident reports, photographs, and expert opinions. This evidence can be pivotal in proving liability and determining the full extent of your economic and non-economic damages.
4. Establishing liability – A motor vehicle accident lawyer can help establish fault and liability, even when it seems clear-cut. They may uncover evidence or legal arguments that demonstrate the other party’s responsibility, ensuring you receive the maximum compensation you deserve.
5. Negotiation with Insurance Companies – Dealing with auto insurance companies can be challenging. Experienced car accident lawyers have experience negotiating with insurance adjusters and can work to secure fair compensation.
6. Maximizing Compensation – Your personal injury lawyer’s goal is to maximize the compensation you receive. This includes not only economic types of damages like medical bills and property damage but also non-economic damages such as pain and suffering.
7. Handling Legal Proceedings – If negotiations fail to produce a satisfactory outcome, your auto accident attorney can file a personal injury lawsuit and represent you in court. They will prepare your case, present evidence, and argue on your behalf.
8. Reducing stress – Dealing with the aftermath of an accident can be emotionally taxing. Hiring an attorney allows you to focus on your recovery and well-being while they handle the legal aspects of your case.
9. Experience with Complex Cases – If your case involves complexities like multiple parties, shared fault, or issues with uninsured or underinsured motorists, an attorney’s expertise is invaluable.
10. Contingency Fees – Many auto accident lawyers work on a contingency fee basis, which means they only get paid if you win your case. This arrangement reduces the financial burden on you during the legal process.
11. Timely filing – There are strict deadlines for filing personal injury claims, known as statute of limitations. In California, the statute of limitations to file a personal injury claim is 2 years from the date of the accident. Attorneys are well-versed in these timelines and ensure your claim is filed promptly.
Cons of Not Hiring a Motor Vehicle Accident Attorney
While there are clear advantages to hiring a motor vehicle accident attorney, there are also potential drawbacks to consider if you choose not to hire one, even when you’ve been in a car accident and not at fault.
- Lack of Resources – Attorneys often have access to a network of experts and resources such as accident reconstruction specialists, medical professionals, and investigators that can strengthen your case. Without this network, you may miss out on valuable support.
- Legal Pitfalls – Without legal guidance, you may inadvertently say or do something that harms your case. Insurance adjusters may take advantage of your lack of legal knowledge during negotiations.
- Time and Effort – Pursuing a personal injury claim can be time-consuming, especially if you are unfamiliar with the process. An attorney can streamline the process and handle the time-intensive tasks.
- Uncertainty – Without an attorney, you may be uncertain about the strength of your case and whether you are making the right decisions throughout the process.
In summary, while it’s possible to handle a car accident claim without a motor vehicle accident attorney, there are significant potential downsides that may affect the outcome of your case.
Get the Help You Need, and Hire an Award-Winning Lawyer Today!
Were you involved in a car accident and not at fault? As the injured party, it is within your right to take legal action against the negligent party and file an accident injury claim to recover compensation for your injuries and damages. It is also in your best interest to have an experienced motor vehicle accident attorney by your side to ensure your rights are protected and you recover a fair settlement.
At Farahi Law Firm, our legal team of attorneys, medical specialists, and case managers are here to help. Not only will we handle the complex paperwork of your case, but we will also ensure that you receive the medical care you need.
Contact us at (844) 824-2955 for a free initial consultation. We are available 24/7.
