Pines Salomon Personal Injury Lawyers | April 8, 2025 | Car Accidents
Most of us know what to do when someone else causes a wreck and hits us, but what happens when you are at fault for a car accident? Because California is an at-fault state, you may be more exposed to lawsuits. Let’s examine what you need to know if you are at fault for a San Diego car accident.
Aren’t Car Accident Lawyers Just for “Innocent” People?
The truth is, it’s rare for someone to be completely “innocent” in a car crash. California law allows multiple people to be at fault and recover for car accidents under its pure comparative negligence doctrine. This means that even if you are partly to blame for a crash, the other party may also be at fault.
A qualified car accident lawyer will examine the details of your case and work to minimize any fault assigned to you while showing how the other driver carried more fault. By doing so, they can increase the amount of compensation you will receive.
How Does Comparative Negligence Work?
In California, a driver can file a claim or sue someone even if they are 99% at fault for an accident. If you caused the crash and are hurt, you can seek compensation from insurance companies to cover your injuries, as can the other party if they are partly to blame.
However, the same percentage of fault will be applied to any settlement, meaning if you’re 60% to blame, you will only recover 40% of your damages.
The good news is that if your attorney can show that you are less at fault than the other driver, you may be able to file a claim against their insurance. Because these situations are so complicated, it’s wise to arrange a meeting with a skilled car accident lawyer as quickly as possible after your crash.
Take These Steps if You’re to Blame for a Car Accident
If you believe you caused the crash, what you do afterward can make the difference in whether the insurance claims and other actions go in your favor.
Along with getting medical attention if you’re hurt, do the following to protect yourself:
Remain at the Scene
Don’t leave under any circumstances, unless you need emergency transport to a hospital for your injuires. Otherwise, stay put or move your vehicle to safety very close to the scene. You might be scared or worried about getting charged, but you would only make it worse if you flee. A hit-and-run charge can make a civil issue into a criminal one.
Stay Calm and Exchange Insurance Information
Once you’re sure you’re physically ok, share your contact and insurance details with the other driver, as required under California law. Speak calmly and only enough to exchange this information. If the other driver is aggressive towards you, keep your distance until police arrive.
Don’t Admit Fault
Don’t say things like “I’m sorry” or “This was my fault,” which can work against you during insurance negotiations. Speak as little as possible with the other driver and only tell the basic facts to the police.
Collect Evidence
Take pictures of anything that might tell what happened, and ask witnesses for their contact info for your attorney to interview them later. Your lawyer can also obtain a car accident report to challenge any citations. This can help you during insurance negotiations or if the other party sues you.
California is an At-Fault State
Being at fault for a car accident in California means that if you are at fault for the car accident, then you are responsible for covering damages, medical expenses, and property repairs, either through your insurance or out of pocket if coverage is insufficient.
Additionally, your insurance rates may increase, and you could face penalties such as fines or license suspension, especially if the accident involved reckless driving or DUI. It’s crucial to report the accident promptly, cooperate with authorities, and consider seeking legal guidance if liability is disputed. Taking the right steps can help protect your rights and minimize long-term consequences.
Contact the Car Accident Lawyers of Pines Salomon Injury Lawyers in San Diego, CA, for Help Today
For more information, contact an experienced Car Accident lawyer at Pines Salomon Personal Injury Lawyers to schedule a free initial consultation today.
We proudly serve San Diego County and its surrounding areas:
Pines Salomon Injury Lawyers – San Diego Office
835 5th Avenue #302, San Diego, CA 92101
(858) 551-2090
Available 24/7
Pines Salomon Injury Lawyers – La Jolla Office
4660 La Jolla Village Dr. San Diego, CA 92122
(858) 585-9031
Available 24/7
