Consistent Successfor Over 25 Years
Steven M. Sweat, Personal Injury Lawyers, APC
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Was the Accident Caused by Someone Else?

If your car accident was caused by the actions of another person or an entity, you might have the grounds to file a claim. You might have a claim if the accident was caused by another driver or resulted from a road defect. You might also have a claim if you believe that your accident was caused by a defective component in your vehicle. Finally, you might want to consult with a car accident lawyer if the fault in your accident is unclear.

How Fault is Determined in California

California is a "comparative fault" state.  This means a percentage of fault can be apportioned to more than one party.  For example, if a car turns left in front of oncoming traffic, they are probably at fault for not yielding the right of way but, if the driver that hits them is speeding through a yellow light turning to red, they may have some percentage of fault as well.  In this case, the driver making the left may be deemed 80% at fault and liable to the driver going straight for personal injuries but, because they were speeding, they may have their claim reduced by 20% for their own fault in the accident.

How Can and Attorney Assist in Determining Fault in an Auto Accident Claim?

An attorney can provide valuable assistance in determining fault in an auto accident case. Here are some ways that an attorney can help:

  1. Investigating the Accident: An attorney can investigate the accident to determine the cause and fault. This may involve obtaining police reports, interviewing witnesses, and analyzing physical evidence such as skid marks and damage to the vehicles involved.  Most quality attorneys have access to private investigators, accident reconstruction experts and other resources to better evaluation fault.

  2. Identifying Liability: An attorney can help identify liability by reviewing the facts of the case and applying the law to the situation. They can determine if the other driver was negligent or violated traffic laws, which may establish fault.

  3. Calculating Damages: An attorney can help calculate the damages resulting from the accident, including medical expenses, lost wages, and pain and suffering. They can help you obtain the compensation you deserve for your injuries.

  4. Negotiating with Insurance Companies: Insurance companies may try to settle for a low amount. An attorney can negotiate with the insurance company to obtain a fair settlement or take the case to court if necessary.  Insurance companies tend to use "comparative fault" to reduce the offer of settlement.  The attorney can advocate for your position on fault to maximize recovery.

  5. Representing You in Court: If the case goes to court, an attorney can represent you and present your case to a judge and jury. They can present evidence and testimony that supports your claim and fight for your rights.

Overall, an attorney can provide valuable assistance in determining fault in an auto accident case. They can help you understand your legal rights and options, calculate damages, negotiate with insurance companies, and represent you in court if necessary.

Client Reviews
I have known Steven for some time now and when his services were required he jumped in and took control of my cases. I had two and they were handled with the utmost professionalism and courtesy. He went the extra mile regardless of the bumps in the road. I can not see me using any other attorney and I would recommend him to any of my family and friends. Josie A.
Steven was vital during our most trying time. He was referred by a friend after an accident that involved a family member. While he was critical and lying in the hospital, Steven was kind, patient and knowledgeable about what we were going through. Following our loss, Steven became a tough and aggressive negotiator and made sure that we receive a huge compensation. I would refer Steven in fact, this happened 2 years ago and I still speak highly of his service. Cheryl S.
Mr. Sweat is a pitbull in the courtroom as well as settlement negotiations - You can't have a better equipped attorney in your corner! It is a pleasure working as colleagues together on numerous cases. He can get the job done. Jonathan K.
Because of Steven Sweat, my medical support was taken care of. Plus, I had more money to spare for my other bills. Steven is not only an excellent personal injury lawyer, providing the best legal advice, but also a professional lawyer who goes beyond his call of duty just to help his clients! He stood up for me and helped me get through the process. I would definitely recommend. I couldn't think of any better lawyer than him. MiraJane C.
I must tell anyone, if you need a great attorney, Steve sweat is the guy! I had an awful car accident and had no idea where to turn. He had so much to deal with because my accident was a 4 car pile up. Not to mention all the other cars were behind me and they were not wanting to settle in any way! He never stopped working for me and had my best interest at heart! Audra W.
I believe I made the best choice with Steven M Sweat, Personal Injury. I was very reluctant to go forward with my personal injury claim. I had a valid claim and I needed a professional attorney to handle it. I felt so much better when I let Steven take my case. His team did everything right and I am very satisfied. Stia P.
I have to say that Steve has been exemplary! I met Steve at a point with my case that I was ready to give up. He took the time and dealt with all of my concerns. Most importantly, he was present and listened to what I was going through. He was able to turn things around, put me and my case on the right track! The results were better that expected! Highly recommend!! Cody A.