If you are hurt in a rear-end or t-bone accident, you might think that you have a pretty straightforward case. The other driver hit you, so they must be responsible. In reality, it is possible for both drivers to share some fault for these types of accidents.
To prove fault in a rear-end or t-bone accident, our Walnut Creek car accident attorneys will analyze photos and videos, talk to witnesses, and work with accident reconstruction experts. Our goal is to prove that the other driver is responsible for the crash and all of your losses. In this way, we will work to get you the compensation that you deserve for your injuries.
The Appel Law Firm represents accident victims throughout the greater Walnut Creek area in all types of personal injury claims. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. Reach out to our law offices today to schedule a free initial consultation with a Northern California car accident lawyer.
Filing a Lawsuit for a California Car Accident
Most car accident lawsuits are based on a theory of negligence. Generally, the accident victim (plaintiff) has the burden of proving that the at-fault driver (defendant) was negligent. Broadly, a person is negligent if they fail to use the level of care that a reasonable person would use in a similar situation.
To prove negligence, the plaintiff will have to introduce evidence of the following four elements:
- The defendant owed the plaintiff a duty to use reasonable care when operating their motor vehicle.
- The defendant violated (breached) this duty in some way.
- This violation caused the plaintiff’s injury.
- The plaintiff suffered damages (losses).
For example, if you were injured in a car accident when another driver changed lanes without checking that the coast was clear, you could demonstrate that the other driver was negligent. They would then be held liable for any losses that you suffered, such as property damage, medical bills, lost wages, and pain and suffering.
There are different types of evidence that can be used to prove fault in a car accident case. This may include things such as:
- Photos of the accident angle and point‑of‑impact damage
- Photos and videos of skid marks
- Dashcam videos
- Traffic camera footage
- GPS records
- Data from the Event Data Recorder (EDR) from one or both videos
- Information about signal timing for the traffic lights
- Testimony from witnesses
Our law firm also works with accident reconstruction experts who can analyze this evidence and provide an opinion about the cause of the crash and which driver was responsible for the accident.
Of course, negligence isn’t always clear-cut. There are also situations where more than one person may be responsible for a car accident. In these cases, you can still recover money for your injuries under California’s pure comparative negligence laws.
Under these laws, you can still pursue a legal claim for your losses even if you were partially responsible for the accident. Your total recovery will then be reduced by the percentage that you were at fault. Unlike most other states, California allows plaintiffs to file a personal injury lawsuit even if they were 99% responsible for the accident.
Understanding negligence and when you can file a claim can be challenging. If you have any questions about your legal rights, we are happy to help. You can reach out anytime to schedule a free consultation with a Walnut Creek car accident lawyer.
Proving Fault in a Rear-End Crash
A rear-end accident occurs when another car crashes into the back of your vehicle. In most cases, the rear driver is at fault. For example, if you were stopped at a red light and another driver slams into your vehicle after failing to stop for the light, then they are responsible for the crash.
However, there are some situations where the lead driver can be responsible for the accident. For example, if the lead driver’s brake lights were out, then they could be partially at fault for the crash. Other instances where the lead driver could be at fault include:
- Pulling out in front of another car
- Reversing into a car
- Braking suddenly
- Intentionally trying to get hit (insurance fraud)
- Drunk driving
- Road rage
If you are involved in a rear-end accident, there are some steps that you can take to increase the likelihood of a successful claim. You should never admit fault, because this kind of statement can be used to reduce the value of your claim. You should also seek medical attention and, if possible, take photos and videos of the accident scene to gather evidence.
Perhaps most importantly, you should schedule a consultation with a Walnut Creek car accident attorney as soon as possible. Our law firm knows the tricks and tactics that insurance companies use to try to get out of paying full value for a claim. We will fight to get you maximum compensation for your injuries.
Proving Fault in a T-Bone Crash
T-bone accidents happen when one vehicle crashes head-on into the side of another vehicle. Most t-bone crashes are caused by one driver’s negligence, such as:
- Speeding
- Making an unsafe left turn or U-turn
- Running a red light or a stop sign
- Distracted driving
- Drunk Driving
- Failure to yield the right of way
It is also possible for both drivers to bear some share of the responsibility for a t-bone accident. For example, if you fail to signal before making a left turn across traffic, you might be partially at fault because the car coming in the opposite direction did not know that you were turning. Alternatively, if a driver makes a left turn across traffic and a driver coming the other way is speeding, both could bear some responsibility for the t-bone collision.
T-bone accidents can cause serious injuries. If you have been hurt in a t-bone crash, you should contact an experienced Walnut Creek personal injury lawyer as soon as possible. Do not talk to the other driver’s insurance company or sign any paperwork until you have consulted with an attorney. We can handle communications for you and protect your legal rights.
Help for California Car Accident Victims
Rear-end accidents and t-bone (side impact) collisions can be incredibly scary. Even though fault may seem obvious in these types of crashes, it can often be more complicated. Our law offices can advocate for your rights and help you achieve the best possible outcome for your case.
At the Appel Law Firm, we are dedicated to providing the highest quality legal representation to clients throughout the Walnut Creek region. We will fight to get you the money that you deserve for your losses. To learn more or to schedule a free initial consultation with a Walnut Creek car accident lawyer, give us a call at 925-938-2000 or fill out our online contact form.
