After a car accident in Westlake Village, the question of who was at fault shapes everything that follows. It determines how insurance claims are handled, what compensation is available, and how much each party ultimately bears responsibility for the losses the accident produced. California’s approach to fault in car accident cases involves a combination of insurance investigation, legal standards, and evidence evaluation that every injured driver should understand.
How California’s Pure Comparative Fault System Frames the Analysis
California follows a pure comparative fault standard. An injured person’s compensation is reduced in proportion to their own share of fault for the accident, but they can still recover damages even if they are found to be significantly at fault. A plaintiff found 40 percent responsible for a crash receives 60 percent of their total damages. Unlike states with a modified comparative fault threshold that bars recovery above a certain fault percentage, California allows recovery regardless of how high the plaintiff’s percentage is, though that percentage is subtracted from the award.
This system creates an incentive for insurance companies to identify and assign fault to the plaintiff wherever possible, because every percentage point of plaintiff fault reduces the defendant’s payout. Understanding this dynamic explains why fault investigation after a Westlake Village car accident is never truly neutral.
What Insurance Adjusters Do After a Car Accident
Insurance companies begin their own investigation immediately after a claim is filed. Adjusters review the police report, contact witnesses, request vehicle damage assessments, and in some cases visit the accident scene. Their goal is to build a picture of the accident that minimizes their insured’s liability and, where possible, attributes some fault to the claimant. The adjuster’s fault determination drives the initial settlement offer, which is why that determination often understates the defendant’s responsibility.
What Evidence Is Used to Establish Fault in Westlake Village
A Westlake Village car accident lawyer handles cases where the evidence gathering process begins as soon as possible after the crash, because the most valuable evidence has a limited window of availability. The most common sources of fault evidence include:
- The police report, including the responding officer’s observations and any citations issued at the scene
- Traffic and surveillance camera footage from nearby intersections or businesses
- Witness statements from people who observed the accident from outside the vehicles
- Vehicle damage patterns showing the point and direction of impact
- Electronic data from the vehicles including speed, braking, and steering inputs
- Cell phone records in cases where distracted driving is suspected
How Fault Disputes Are Resolved
When the parties disagree about fault, the dispute is resolved either through negotiation between attorneys and insurance adjusters or, if no agreement is reached, through litigation. In court, the finder of fact evaluates all available evidence and assigns fault percentages to each party. Accident reconstruction analysis, witness testimony, and physician opinions on injury causation all play roles in that evaluation.
Goldberg Injury Lawyers is a California personal injury firm representing car accident victims in Westlake Village and throughout the greater Los Angeles area, including cases where fault is disputed and independent evidence is needed to support the plaintiff’s position.
Protecting Your Fault Position After a Westlake Village Car Accident
If you were injured in a car accident in Westlake Village and are concerned about how fault will be assigned in your case, speaking with a Westlake Village car accident lawyer about the evidence in your specific situation is the most effective way to understand your position and protect your recovery under California law.
