Car Accident Cases: Proving Negligence & Liability
Questions about post-accident medical care and property damage arise when someone is found at fault in a car collision. Your attorney will need to determine who caused the accident and consequently needs to cover the plaintiff’s financial damages. According to California law, the burden of proof rests with the injured party when seeking damages for injuries or property damage sustained due to a collision like a vehicle accident.
When the facts are acquired, an auto accident lawyer los angeles can determine your case’s legal arguments, strengths, and obvious weaknesses. With the help of this analysis, we may demonstrate that there was negligence and that it directly hurt you and entitle you to monetary compensation under the law.
California Law Regarding the Burden of Proof
California is a responsible state. This implies that you must demonstrate that the other driver was at fault before pursuing an insurance claim. You will receive a decrease in the claim amount based on the at-fault percentage assigned to you. Simply put, your insurance payout will be decreased by 25% if the insurance provider determines that you contributed 25% of the blame for the accident. It’s up to you to demonstrate that the other driver was indeed the one they should be pursuing.
The insurance company effectively declares that both parties are at blame in this situation and are accountable to some extent, necessitating an allocation of the losses.
In what ways is negligence admissible in court?
Anyone who was hurt in a car accident as a result of another driver’s carelessness on the road may be entitled to monetary damages and bodily injury claims. Even in cases when the driver may not have suffered injuries in the collision, but the passengers did, this applies to and includes them as well. Our team of proactive litigation lawyers proves negligence every day for the cases of our automobile accident clients. Gathering facts and evidence is to make them verifiable and prove them to the judge and court.
What can a lawyer do for you?
- When a motorist owes a duty to operate their vehicle safely but fails to do so due to poor care, it is considered negligent in the eyes of the law.
- By neglecting to exercise caution or reasonable care, the at-fault party acted negligently;
- The defendant’s activity or inaction caused harm to the plaintiff;
- The injuries incurred and the car damage was directly caused by accident;
- The defendant must make up for the losses and damages.