If you’ve been injured in an auto accident, the aftermath can feel overwhelming. Between dealing with medical treatment, insurance companies, and time away from work, it’s hard to know where to turn. At Flahavan Law, we’ve spent over 20 years helping individuals across Northern California recover physically, financially, and emotionally after serious auto accidents. We’re here to guide you through the legal process and fight for the compensation you need to move forward. Learn more about how we can help below, or complete our online form to schedule a free consultation today.
Who’s at Fault? Understanding Liability After a Car Accident in Sebastopol.
When you’re involved in a car accident, one of the first questions that arises is: Who’s at fault? Understanding liability after a car crash is essential not just for insurance purposes, but for protecting your rights and securing the compensation you deserve. At Flahavan Law, we have over 20 years of experience helping injury victims across the Bay Area, including Sebastopol, navigate the complex process of determining fault and holding negligent drivers accountable.
Founded by Brian Flahavan, a seasoned personal injury attorney with a reputation for compassionate advocacy and fierce representation, our firm is built on a simple yet powerful mission: to give injury victims a voice, to maximize compensation, and to deliver justice when someone else’s negligence changes your life.
If you’re unsure who was at fault in your car accident, or if you’re being unfairly blamed, Flahavan Law is here to help.
What Does “Fault” Mean in a Car Accident?
In the context of a car accident, fault refers to the person or party responsible for causing the crash. This could be due to negligent driving behavior (like running a red light), distracted driving (like texting behind the wheel), or violating traffic laws. Determining who’s at fault is key to identifying legal liability, which is the basis for pursuing financial compensation for your injuries and losses.
At Flahavan Law, we understand how overwhelming it can be to deal with injuries, insurance adjusters, and legal terminology after a crash. That’s why we take a straightforward, supportive approach, explaining your rights, investigating your accident, and helping you take the proper steps toward justice. We want to take as much off your plate as possible so you can focus on recovery.
Common Scenarios Where Fault Is Typically Assigned
Every car accident is unique, but certain types of collisions are more commonly attributed to one party due to well-established traffic laws and driving expectations. Understanding these scenarios can help you make sense of what happened and whether someone else’s negligence is to blame for your injuries. Here are some of the most common accident scenarios we see and how fault is typically determined:
1. Rear-End Collisions
Rear-end crashes are one of the most common types of accidents, and in the vast majority of cases, the trailing driver is found to be at fault. That’s because every driver has a legal duty to:
- Maintain a safe following distance
- Be attentive to the flow of traffic
- Respond appropriately to sudden stops
Whether the lead vehicle stopped abruptly, slowed down for traffic, or was waiting to make a turn, the responsibility usually lies with the driver behind to react safely.
But like any legal case, there are always exceptions. Sometimes exceptions may include:
- If the front driver suddenly reversed
- If they had non-functioning brake lights
- If they brake-checked the rear driver intentionally
Even in these cases, the trailing driver may still be held partially responsible unless clear evidence shows the front driver acted negligently. We will investigate the facts and fight to ensure blame isn’t unfairly placed on you.
2. Left-Turn Accidents
Left-turn accidents often happen at intersections or when a driver turns across oncoming traffic. In most situations, the driver making the left-hand turn is presumed to be at fault, since they must yield to oncoming vehicles.
However, there are exceptions where the oncoming driver could be liable or share responsibility, for example, if:
- They were speeding or driving aggressively
- They ran a red light or ignored a traffic signal
- They were distracted or intoxicated
Determining fault in left-turn accidents can get complicated, especially when multiple vehicles are involved or traffic signals are in dispute. We will collect witness statements, traffic cam footage, and other key evidence to build a strong liability case and determine who was at fault.
3. T-Bone Collisions at Intersections
T-bone accidents (also known as side-impact collisions) often occur when one driver fails to obey traffic signals or signs, resulting in a collision with another vehicle that had the right of way. These crashes are not only dangerous, but they’re often deadly or severe enough to cause catastrophic and long-term injuries due to the limited protection on a vehicle’s side.
Common causes of fault in T-bone accidents include:
- Running a red light or stop sign
- Failing to yield the right of way
- Making an improper turn across traffic
- Speeding through a yellow light
In many of these cases, one party is clearly negligent. However, some intersections lack proper signage or visibility, and disputes can arise over the sequence of events. Our team knows how to gather the appropriate evidence to prove fault and help our clients recover the damages they’re entitled to.
4. Driving Under the Influence (DUI)
When a driver is impaired, whether by alcohol, prescription drugs, illegal substances, or even marijuana, they are almost always deemed at fault for any accident they cause. Driving under the influence slows reaction times, impairs judgment, and dramatically increases the risk of serious injury or death.
Even if the impaired driver wasn’t cited at the scene, we can pursue full liability by:
- Subpoenaing toxicology reports
- Reviewing body cam footage
- Accessing witness accounts
- Reconstructing the scene with experts
Drunk and drug-impaired driving is reckless and entirely preventable. We believe victims of DUI crashes deserve strong legal advocacy and maximum compensation for their suffering. These aren’t accidents, and we won’t let those who willingly acted negligently get away without accountability.
5. Distracted Driving
Distracted driving has become one of the leading causes of preventable accidents, particularly in Sebastopol and its surrounding communities, where scenic roads and traffic congestion can both contribute to inattention.
Types of distractions that often lead to accidents:
- Texting or using a smartphone
- Adjusting the radio or GPS
- Eating or drinking while driving
- Talking to passengers or reaching for items
If the at-fault driver was distracted at the time of the accident, a detailed investigation may be necessary to prove it. Our firm frequently works to obtain cell phone records, in-car footage, and witness testimony to establish distraction as a probable cause of the crash.
6. Speeding or Aggressive Driving
Drivers who speed, weave through traffic, tailgate, or otherwise engage in aggressive behavior are often held entirely or mainly responsible when accidents occur. Speeding not only increases the force of impact in a crash but also reduces a driver’s ability to react to hazards or changes in traffic flow.
Common types of aggressive driving that lead to crashes include:
- Excessive speeding
- Tailgating or brake-checking
- Failure to signal
- Improper lane changes
- Running stop signs or red lights
Proving this kind of fault may involve dashcam evidence, traffic cam footage, or eyewitness accounts. Our team knows how to piece together the timeline and hold reckless drivers accountable.
7. Failure to Yield Accidents
Accidents involving a failure to yield can happen at:
- Merging lanes on highways
- Four-way stop intersections
- Yield signs
- Pedestrian crossings
In these scenarios, if a driver fails to recognize or respect another vehicle or pedestrian’s legal right of way, they are often found liable. These cases can become particularly tricky when multiple drivers enter an intersection simultaneously or if road markings are unclear. We help clients navigate these complex fact patterns to ensure the right party is held accountable.
Contact Flahavan Law Office
So, How Is Fault Determined After a Car Accident?
Determining fault after a car accident is rarely as simple as reading a police report or pointing to a single driver’s mistake. In many cases, multiple parties may share responsibility for causing a crash, whether it’s two drivers, a commercial vehicle company, or even a government entity responsible for road maintenance. Understanding who is liable requires a careful, fact-based investigation.
At Flahavan Law, we begin by gathering all available evidence that paints a complete picture of what happened. This includes reviewing the police report as a starting point, but it goes far beyond that. We speak with witnesses, examine photos and videos from the scene, and work to obtain footage from traffic cameras or dashcams. In cases involving serious injuries or disputes over fault, we often consult with accident reconstruction experts to analyze vehicle positions, braking patterns, road conditions, and other relevant factors. In today’s digital world, we can also use cell phone records to confirm whether a driver was distracted or utilize vehicle black box data to establish speed and braking behavior in the moments leading up to impact.
Our approach is always thorough and proactive, as we recognize that insurance companies often attempt to shift blame away from their policyholders. When more than one party may be at fault, they may downplay their own client’s role and overstate yours. That’s why our job is not just to uncover what happened, but to present that evidence clearly and powerfully to ensure you aren’t unfairly blamed. Our firm is built on the belief that injury victims deserve the truth to be told and that accountability should follow wherever negligence is found.
Understanding Comparative Negligence in California
California also follows a legal doctrine called pure comparative negligence, which allows fault to be shared among multiple parties, including the injured party. In other words, you can still recover compensation even if you were partially at fault for the accident. However, the amount you receive will be reduced by the percentage of your own responsibility.
For example, if a jury determines that your total damages amount to $100,000 but finds you were 30% responsible for the crash, your compensation would be reduced to $70,000. This system is designed to be fair and reflective of real-world situations, where fault is rarely black and white. But it also opens the door for insurance companies to try to pin as much blame on you as possible to reduce their financial liability.
With over 20 years of experience in personal injury law, we know how to counter the tactics insurance adjusters use. We carefully review the facts, gather evidence to minimize your percentage of fault, and challenge any unfair or exaggerated claims made by opposing insurers. In many cases, we’ve successfully proven that our clients bear no fault, ensuring they receive the full compensation they’re entitled to.
Why You Need an Attorney After a Car Accident
After a car accident, you’re likely dealing with far more than just vehicle repairs. Medical bills, lost income, physical pain, and emotional stress can all become overwhelming, especially when you’re trying to navigate the insurance claims process on your own. This is where having an experienced personal injury attorney can make all the difference.
At Flahavan Law, we handle every aspect of your claim from start to finish so that you can focus on healing. From the moment we take on your case, we initiate a thorough investigation into the accident to determine precisely what happened and who is responsible.
When it comes time to negotiate a settlement, we fight for the maximum possible compensation. And if the insurance company refuses to offer what your case is truly worth, we are fully prepared to take your case to court. Our track record speaks for itself: we’ve recovered millions of dollars for clients across the Bay Area, and we never back down when justice is on the line.
But what truly sets us apart is our client-first philosophy. At Flahavan Law, you’re not just another case number. You’re someone whose life has been disrupted through no fault of your own, and you deserve an advocate who listens, understands, and fights for your future. Founding attorney Brian Flahavan takes a hands-on approach to every case, providing the personalized attention and respect every client deserves. When you work with us, you’ll always know who’s working on your case and that they genuinely care about your outcome.
