It is very understandable that you would assume you do not have a valid personal injury claim if you were at fault in a car accident, the police were called, and a report was written stating as much. But this is frequently not the case. It does not necessarily follow that you were at fault just because the police said so in their report.
Furthermore, even if you share some of the blame, California still allows you to recover damages. You may file a lawsuit for 40% of your damages, for instance, if it was determined that you were 60% at fault and someone else was 40% at fault. To receive a free legal consultation, call Law Offices of Fernando D. Vargas at 909-982-0707 or continue reading to learn more.
It is clear that the police report poses a challenge
Before we continue, it is important to understand that having a police record that accuses you of being at blame is not ideal and is actually problematic. But one crucial point must be raised: were there any objective witnesses to the accident? Was it true that no witnesses were there with you or the other drivers?
If not, the police officer’s opinion is simply that—their opinion. Additionally, it is dependent on what both you and the other person have said. It may be rather easy to contest the police officer’s assessment if there is sufficient proof that you were not at fault.
Was the accident visible to the police officer?
In the vast majority of car accident instances, the responding police officer did not actually see the collision. Their viewpoint is therefore not any more significant than anyone else’s. At the Law Offices of Fernando D. Vargas, we will take into account the evidence in addition to the police officer’s assertions. We are likely to reject your case if we think there is a compelling argument that the officer is right—or that a judge or jury would reach that conclusion.
However, if it appears to be merely an opinion based on a quick glance at the parties concerned, we might be able to fight for you and obtain compensation for your injuries. Call the Law Offices of Fernando D. Vargas right now to schedule a free legal consultation so we can decide the best course of action for your case: 909-982-0707.
