Are Car Accidents Always Someone’s Fault?

Accidents can happen at any time on the roads. As a driver, you should aware of the possible consequences and the ways in which you can protect yourself. You should also have a basic understanding about the laws that will cover the incident, at the very least. This knowledge will put you in a better legal position after a crash. For example, pointing fingers is common when two vehicles collide. No one wants to admit blame because of the moral, legal, and financial repercussions. This begs the question, “Are car accidents always someone’s fault?”

No-Fault Insurance System

Indeed, it does not have to be that way. There are alternative insurance systems wherein a no-fault rule applies. Every driver is required to get coverage for their personal injury protection. If they ever become involved in an accident, then their insurance company will pay for their injuries and property damage.

There is no need to prove that the other party is liable just to collect compensation, since the expenses will automatically be taken care of. The release of funds tends to be much faster, and both parties can move on from the incident right away. On the other hand, critics of the system say that it is prone to fraud and leads to higher insurance premiums.

California’s Accident Laws

The state of California still adheres to the old system, so no-fault does not apply here. In this tort state, it is important to determine who caused the accident. Insurers will study the matter to figure out who was at fault. In the event that the case goes to trial, then it will be up to the court to decide.

It can get complicated because multiple factors are at play. Both drivers may have contributed to the accident in varying degrees. Other drivers, pedestrians, and bystanders could have influenced the outcome as well. Sometimes the setting increases the likelihood of collision due to bad weather, poorly maintained roads, a previous accident, and so on.

Determining Fault

It’s clear just how difficult it can be to make an accurate assessment. It is rare for one party to be entirely guilty of causing the incident by himself. Most cases turn out to be a contribution of multiple factors, and yet fault will have to be assigned for the funds to be released.

This dilemma is often resolved by measuring the relative fault and assigning percentages. In such a comparative negligence system, the one who committed the graver error will have the pay the other. The total amount awarded can be reduced by an amount corresponding to the relative fault of the recipient.

What to Do in the Aftermath of an Accident

Given all the issues that will come up after an accident, it is important for those involved to be careful, so they don’t end up taking more blame than they should. The first thing to do would be to care for the injured by providing first aid and calling for an ambulance. Information should be exchanged with the other driver. Insurance companies must be notified right away. Gather evidence such as pictures and videos. Get names and contact details of witnesses. These will be helpful in case of a dispute. For legal assistance, call a car accident lawyer in Orange County.

Symptoms of Traumatic Brain Injuries

Brain trauma, also called intracranial injury, occurs when an outside source causes traumatic injury to the brain and cranium. It can happen through an accident or an act of violence. There are numerous symptoms of traumatic brain injuries and brain trauma recovery can take a significant length of time. The injured person may need extensive medical care and physical therapy. It is also important to have the patience and support of other individuals in order to experience a speedy recovery.

There are different levels of severity regarding brain trauma. A person can suffer a minor concussion or a major skull fracture. Traumatic injury can even occur when someone is indulging in sports or even simple horseplay.


The most common symptoms of traumatic brain injury include impaired memory, drowsiness, dizziness, or blurred vision. Serious cases may also involve convulsions, extreme confusion, weakness in the appendages, or mood swings. The person may also notice that one or both pupils are dilated. To determine whether serious damage has occurred, the injured individual must seek the advice of a medical doctor or neurologist as soon as possible.


Immediately after such an injury occurs, the patient should be stabilized in an intensive care unit of a hospital or other medical facility. The initial goal is to halt further damage. Physicians will typically center treatment on controlling intracranial pressure and ensuring that there is an adequate amount of oxygen and blood to flow to the person’s brain.

Rehabilitation is usually necessary when traumatic injuries of this type take place. In some instances, rehabilitation can be completed on an outpatient basis, while other individuals may need care around-the-clock.


Depending on the severity of the injury, a person may qualify for certain benefits such as disability or Medicare. This is especially helpful if one must enroll in long-term physical therapy in order to be restored to his or her former self. Concerned family members should explore such possibilities on behalf of the injured individual. Seeking the advice of a Seattle brain injury attorney is also a wise course of action.

Patients who suffer from long-term disabilities due to their injury may need permanent care. In severe cases where loss of cognitive function or paralysis has occurred, the individual may need to be placed in a skilled nursing facility. Fortunately, complete brain trauma recovery is also possible in many cases, especially if care is immediately sought. Anyone experiencing symptoms of traumatic brain injuries should seek the attention of a medical professional without delay.

Suing After a Car Accident with a Non-US Resident

Getting in a car accident is frustrating enough, but there are a few things that can make it even more frustrating after the fact. An accident can go about as smoothly as possible if a person has the proper insurance, but what if there are complications? Just like an accident without proper insurance, a car accident with a non-US resident can complicate matters quite a bit.

If the person is legally in United States, there is a chance that they have insurance coverage while driving here. In that case, everything works about the same as it would if an accident occurred with a citizen.

The most difficult situation is if a person is hit by someone who is not legally living in the United States. Not only are they possibly in a lot of trouble, but there is not a lot of hope as far as getting compensated for the accident. A person will basically have to go through their own insurance to get any type of help.

So what are options for people who might possibly get hit by someone who is not a resident of United States and driving without insurance? There are two types of insurance and coverage options that protect drivers who might be in that situation. No-fault insurance can provide coverage, and so can uninsured motorist coverage. This ends up being a little bit more costly for the driver not at fault, but it does provide additional peace of mind.

No, it might not be super easy to sue after a car accident with a non-US resident, but it can be done. Most of the time, a person in this situation will meet with a lawyer to discuss all the options. When it comes to car accidents, lawyers have seen just about everything. They will know exactly what can be done in order to get some type of resolution. A San Diego auto collision attorney, for example, usually knows quite a bit about accidents involving Mexican residents in the United States. Most of the time, they need to be able to act quickly, because there is always a chance that an illegal resident can end up trying to leave the country to avoid complications.

It certainly isn’t ideal to be in an accident with a non-US resident, but there are still solutions for people who are looking for proper compensation.