How to Determine Liability in a Los Angeles Car Accident

Getting into a car accident in Los Angeles can put your life on pause – leaving you with serious and painful injuries, expensive bills, and questions about your future. Holding someone liable for your car accident can make it easier to move forward by providing you with answers, justice and fair financial compensation for your losses.

What Is Liability in Car Accident Law in Los Angeles, CA?

Liability in personal injury law describes someone having a legal and financial responsibility to another person or party for causing them harm. If it is proven using evidence that an accused party (known as the defendant) caused or significantly contributed to the victim’s (plaintiff’s) injury, the defendant will be held liable.

Negligence and Liability

Liability in most car accident cases depends on negligence. If someone is negligent, they fail to use an appropriate amount of care, and this results in harm to others. The legal concept of negligence is broken down into four parts:

1. Duty of care
2. Breach of duty
3. Causation 
4. Damages suffered

There must be signs that the defendant had a responsibility of care toward the plaintiff, failed to fulfill this duty and that this caused the crash. If a driver is negligent, careless or reckless – such as speeding, drunk driving or distracted driving – that driver can be held liable for a resultant accident.

Who Is Liable for a Car Crash in Los Angeles, CA?

Determining liability typically requires an investigation of the collision. The police, insurance companies and car accident lawyers based in LA can investigate the crash to identify the cause and name the liable parties.

Common examples include:

• A negligent motor vehicle driver
• A truck or bus driver
• A company or employer
• A rideshare company
• An auto part manufacturer
• The government responsible for road maintenance
• A mechanic or repair shop

Since California is an at-fault car accident state, the insurance provider of the at-fault party is responsible for paying. All motorists are required to carry certain amounts of liability insurance to ensure they can pay for at-fault accidents.

Comparative Negligence Laws and Liability 

Liability for a car accident is not always all-or-nothing. In many situations, two or more parties share fault for a collision. In California, if an injured victim is allocated a degree of fault for the car accident, his or her financial recovery will be reduced by an equivalent percentage. This is called the pure comparative negligence law.

How to Prove Liability After an Accident in LA

If you get injured or suffer property damage in an automobile accident in Los Angeles, you will need to gather evidence to build and prove your insurance claim or personal injury lawsuit. As the injured victim or plaintiff, you will bear the burden of proof. You must show that the defendant is more likely than not responsible for your wreck.

Important pieces of evidence may include:

• A police report
• Witness statements
• Photos of the crash scene
• Dashcam or traffic camera footage
• The vehicle’s black box
• Cell phone records
• Vehicle maintenance records
• Medical records documenting injuries
• Testimony from experts

If you’ve been injured in a car accident in Los Angeles, a skilled personal injury lawyer in LA can help you determine liability, prove fault and support your case using strong evidence. You can rely on your lawyer to establish your case for you while you focus on your well-being.