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Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about how fault is determined in California car accident cases. He states that proving liability in a car or motorcycle accident begins with promptly filing a police report. When an accident occurs, it is essential to contact law enforcement so officers can document the incident, speak with all parties involved, and take statements from witnesses. These statements are far more reliable when collected immediately at the scene compared to months or years later during a deposition.
While the conclusions in a traffic collision report are not legally binding, the factual statements within the report are invaluable in establishing liability. If a report is unavailable or unclear about fault, eyewitness testimony becomes critical. In such cases, his firm often employs private investigators to visit the scene, search for video surveillance or Ring camera footage, and collect recordings from nearby homeowners or other devices that may have captured the incident.
If no objective evidence is available, the case may come down to conflicting accounts, where credibility becomes the determining factor in proving liability.