Assigning fault in auto accidents in Modesto can be complicated, especially given that the party found at fault will bear financial responsibility for paying for damages (to vehicles and/or property) and even medical costs resulting from the accident. That's if the negligent driver is determined to be 100% at fault. In the state of California, though, determining fault is a little trickier than other states because it is NOT a no-fault state.
In no-fault states, drivers pay insurance premiums (called Personal Injury Protection, or PIPs) that help offset the costs of accidents. When you get in an accident in one of 12 states with no-fault laws, the "good" driver doesn't have to prove the other driver was at fault. Instead, his insurance simply pays for everything in return for an agreement by the injured driver not to sue. This helps states reduce court hours spent on auto accident cases.
In California, however, lawsuits are far more common. Accidents are determined by "comparative fault," meaning that one party can be found as more at fault by percentage. In these cases, one driver can be found primarily responsible (51%) for the accident, while the other party may still be 49% responsible. Although both parties must pay, either can sue for damages related to pain, suffering, missed work or inconvenience.
If it sounds confusing, that's because it is. Determining fault in California is notoriously thorny. In the case of the driver who runs a red light and hits another vehicle, the police and insurance companies usually have no trouble assigning fault to the driver who made the mistake. However, in the case of multiple car accidents, accidents caused during inclement weather and other questionable situations, it can be difficult to figure out who is truly at fault. That's why it pays to have a Modesto auto accident attorney on your side. He-said-she-said battles often turn heated between drivers and insurance companies and you need someone to protect your best interests.
