Stressed about proving fault after a California car accident? Learn how OPO Law establishes liability using evidence, witness testimony, and state laws – even if you’re partly at fault. Get clarity, not confusion.
Overwhelmed after a car wreck? Worried the other driver’s insurance won’t take responsibility? Stressing about bills piling up while they deny fault? What if you knew exactly how to build an undeniable case, even if police reports are unclear or witnesses vanish? At OPO Law, we’ve helped thousands of Californians like you prove liability and recover what’s fair. Let us demystify the process.
The Core Principle: What “Liability” Really Means in California
In motor vehicle cases, liability means legally proving three things:
- The other driver owed you a duty of care (all drivers must operate vehicles reasonably and follow traffic laws).
- They breached that duty (e.g., ran a red light, violated the speed limit, drove while texting or under the influence of alcohol or drugs).
- That breach directly caused your injuries and losses.
California follows pure comparative negligence (see Civil Code 1714). Even if you’re partially at fault (say, 20%), you can still recover 80% of your damages. In fact, depending on the severity of your injuries and the availability of sufficient insurance, OPO Law will consider taking your case is you are 90% responsible for the crash. California law allows you to obtain 10% of your total damages. This is crucial – many accident victims assume partial blame disqualifies them. It doesn’t.
This means that, even if you had some part to play in your accident, seeking compensation to help pay for your medical costs may still be a viable option, depending on the exact circumstances of the accident. Let’s take a step-by-step look at the process and how we handle it at OPO Law.
Step 1: Evidence That Builds Your Case
The Police Report Isn’t Enough
While the officer’s initial report (MVAR) documents the scene, insurers often dispute its conclusions. We dig deeper and pay attention to the details that matter:
Physical Evidence
Skid marks, vehicle damage patterns, and debris fields reveal speed, direction, and point of impact. These are just a few examples of valuable pieces of evidence to determine fault and liability in an accident. We do our best to retrieve the necessary information (as long as it is still accessible) and provide you with the best possible chance at receiving proper compensation.
Electronic Data
Event Data Recorders (EDRs/”black boxes”) in vehicles log speed, braking, and steering inputs for 5–20 seconds before a crash. If available and beneficial considering the facts of your accident, we obtain this data to obtain useful information to establish liability and the details regarding the crash.
Photo/Video Proof
Dashcams, traffic cameras, or store surveillance footage can capture the moment of collision. We secure this fast – before it’s erased.
Witness Testimony That Sticks
Eyewitnesses forget details quickly. Here at OPO, we ensure that we schedule our interviews early, while memories are still fresh. We also utilize the expertise of accident reconstruction professionals to validate witness accounts and strengthen our case. Depending on the circumstances, we track down and contact independent witnesses, whose testimony often carries more weight than that of either the driver or their passengers and close friends.
Step 2: Proving the Four Major Causes of Breach
Texting While Driving (Vehicle Code 23123.5)
If the driver was texting/calling, we subpoena their phone records. Certain onboard infotainment systems also log activity, which can be subpoenaed.
Driving While Under the Influence of Alcohol or Drugs (Vehicle Code 23152)
We request DUI arrest records, blood tests, bar receipts, or witness accounts of intoxication. Even if they weren’t charged, civil liability has a lower burden of proof.
Violation of California’s Basic Speed Law (Vehicle Code 22350)
Data from EDRs, traffic cameras, or GPS apps can help prove speeding. Tire marks and crash dynamics also indicate excessive speed.
Failure to Obey Traffic Laws (Vehicle Code 21453)
If traffic cameras are in place, we preserve the footage. If not, we use vehicle damage patterns (e.g., T-bone collisions often show one driver ran a stop sign or a red light).
Step 3: Overcoming Insurance Company Tactics
Insurers profit by denying or lowballing claims. There are certain tactics insurance companies often like to employ, such as saying:
- “You didn’t see a doctor immediately.”We work with medical professionals to show that your injuries developed later (common with whiplash).
- “Your pre-existing condition caused this.” We partner with doctors to prove that trauma worsened it, and that the accident played a significant role in your medical costs rising.
- “You were partly at fault”: We use California’s comparative fault rule to ensure you still recover and receive rightful compensation.
Remember, never give a recorded statement to any insurance company without us. They twist words to reduce payouts. We’ve figured out how to navigate around them.
Why Time Matters: Critical California Deadlines
You have 2 years from the accident date to file a personal injury lawsuit and 3 years for property damage. However, if your claim involves a government entity, agency, or employee, you must first file an administrative claim within 6 months under the California Tort Claims Act — a much shorter timeline that catches many people off guard.
Key proof vanishes fast (for example, security footage auto-deletes in 30 days). We send letters of spoliation immediately to preserve it. Waiting risks losing witnesses, evidence, and leverage.
How We Calculate Your Full Damages
Liability isn’t just about fault – it’s about making you whole. We fight for your economic and your non-economic damages. Here’s what that looks like:
Economic damages
Medical bills (current + future surgeries/therapy), lost wages, vehicle repairs. Everything that immediately costs you money (or costs you money down the line) is economic damage.
Non-economic damages
Pain and suffering, emotional distress, loss of enjoyment of life. There’s no price on being forced out of the job you loved because of your injuries, but non-economic damages can help your family recover financially. At the same time, you focus on recovering mentally and physically.
Punitive damages
If the driver’s conduct was grossly negligent (e.g., street racing, extreme DUI), a court may decide to add punitive damages. These are also awarded as compensation to the victim.
You Have Questions? We Have Answers
“What if I can’t afford a lawyer?”
It’s simple: we work on contingency fees – you pay $0 unless we win. Don’t worry about the costs – give us a call to work out the details of your case first.
We seek recovery through your uninsured motorist coverage if you have it.
“Will this go to trial?”
Most cases settle (we negotiate aggressively first). But if insurers won’t play fair, our trial attorneys are ready.
Take the Next Step Toward Peace of Mind
Proving liability isn’t about legal jargon – it’s about justice, security, and rebuilding your life. At OPO Law, we remove the guesswork. While you focus on healing, we investigate, handle every insurer’s demand, and fight for every dollar you deserve.
Don’t navigate this alone. Contact OPO Law today for a free, no-pressure case review. We’ll show you exactly how we’ll prove liability – and get your life back on track.
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