California is a traditional fault state when it comes to handling auto accident insurance claims. In a fault state, the person or party responsible for causing the accident will have to pay damages. Before you can recover compensation from the other driver’s insurance company, however, you must prove that the driver is at fault for the motorcycle wreck. Proving fault generally requires evidence of four key elements.
Duty of care. The duty of care is the legal obligation all drivers have to do their best to prevent accidents. They must obey the law, pay attention to the road and drive prudently to avoid collisions.
Deviation from the duty of care. A deviation, or breach of the duty of care, is an action that a reasonable driver would not have taken in the same circumstances. It can refer to drunk, distracted or careless driving behaviors.
The direct cause of the accident. To be eligible for benefits, you must show a direct link between the driver’s breach of duty and your motorcycle accident. If something else was the main cause of the wreck, the driver might not be liable for your losses.
Damages suffered. If the motorcycle accident did not give you any compensable damages, you will not have grounds to file a claim. The driver will only be liable for your accident if you have injuries, property damages, lost wages, or other losses.