Every now and then, different kinds of accidents happen in California. Car wrecks top the list wherein victims suffer various injuries, ranging from minor to severe. California personal injury law enables injured accident victims to file lawsuits and claims against the liable party for causing harm and damages. If you’re a car accident victim who suffered injuries, don’t be reluctant in speaking with a LA best personal injury lawyer to help protect your legal rights. There could be more than one liable party in the car accident which could make the case more complicated. Having the finest legal representation from Big Ben Lawyers will lessen your worries and gives you peace of mind that your case will be taken care of.
Identifying the Liable Party in a California Car Accident
Establishing fault in a car wreck is an elaborate process and a party’s error is generally based on negligence. When a driver’s recklessness caused an injury, he is responsible for the damages a victim may incur. A skilled Los Angeles car accident can help you identify the at-fault party, which is crucial when filing a claim.
Negligence involves careless driving or being inconsiderate with other motorists on the road. “Negligence per se” can regard if there’s an indication of traffic law violations. Vehicle crashes often occur because of:
- Distracted driving
- Drunk driving
- Failure to yield the right of way
- Beating the red light
However, not all car collisions in California are due to a driver’s error. As mentioned earlier, there could be more than one defendant who contributed to the accident. The manufacturer of a defective car or its parts, inclement weather, or the city itself can be at fault in a car accident.
California’s Legal Standard in Car Accident Lawsuit
California’s negligence laws state that when a careless driver brings on injury or damages to a victim, that driver is responsible for those damages. As an injured victim, you can recover losses and damages as long as you can prove that:
- The defendant owed you a duty of care
- The defendant violated that duty of care through carelessness
- The defendant’s carelessness contributed to your injuries
Driver’s Basic Duty of Care
In California, drivers owe other people on the road, including other drivers and pedestrians, a duty to be careful when driving. It involves:
- Driving carefully and sensibly
- Paying attention to pedestrians, other vehicles, and road signs
- Regulating the speed and operation of the vehicle
Recovering Losses and Compensatory Damages from Auto Crash
Before you can recover losses and damages from the accident, you need to prove the defendant’s negligence, which is a daunting process. But once you have proven the liable party’s fault, you can recover damages, such as:
- Medical expenses, including current and future medication and medical supplies
- Future medical care and treatment
- Loss of current and future earning capacity
- Loss of current and future wages
- Physical therapy or occupational therapy
- Pain and suffering
- Loss of consortium
- Vehicle repairs or replacement costs
The jury awards punitive damages to a victim (plaintiff) when the defendant has an atrocious behavior or deliberately harmed or injured the victim. It’s an additional compensation coming from the liable party’s pocket and not from the insurance company.
Shared Fault in the Car Collision
There are cases when both drivers are to blame for the accident’s occurrence. This is usually referred to as “comparative negligence”, stating that when an accident happens, the fault or negligence of each party involved is according to their contributions to the mishap.
Naturally, each driver will blame the other for the accident to avoid liability. Don’t think twice about contacting a Los Angeles car accident lawyer to help identify whose fault it was that caused the accident.
What Help Can You Expect from the Most Credible Personal Injury Law Firm?
Big Ben Lawyers has a professional team of personal injury lawyers that has an interest and background in Medicine. Needless to say, we possess all the potential help to create a substantial personal injury case.
We know how insurance companies work and we know how to negotiate with them. As much as possible they don’t want to pay victims, which is their general practice. Big Ben Lawyers will not let anyone take advantage of your physical and financial situation. We’ll be here with you from the start to the end of the legal process.
We’re going to investigate your case and identify the real liable party to make him or her pay for the negligence that caused you harm and injury. Our compassionate and dedicated LA best personal injury attorneys know what they do and ensure to win your case by proving the liable party’s negligence.
You can never go wrong with the legal help that we provide and our genuine concern for our client’s faster recovery from trauma and injury. Contact us today for a free evaluation of your case. Call (844) 8-BIGBEN or (818) 423-4878 and speak with one of our accommodating representatives.