Proving Negligence in a Car Accident Claim
The outcome of many car accident lawsuits hinges on the legal theory of negligence. Negligence occurs when a person or entity behaves in a careless manner that results in injury or harm to another person. Under the law, a person is required to exercise reasonable care whenever they are driving a motor vehicle, essentially staying aware of any pedestrians, road obstacles, or other drivers. In addition, they are responsible for controlling the speed their vehicle is going. If they fail to exercise this care, it can be considered negligence.
If you are dealing with catastrophic injuries that have caused you pain and suffering, as well as other damages following a car accident, BD&J can help you determine if any negligence was involved so the responsible party can be held liable for any of the damages.
Proving this negligence can be complex, requiring that you show:
- The defendant owed duty to the injured party (plaintiff)
- The defendant breached this duty in some way
- That breach specifically caused the victim's injuries
- The harm could have been reasonably predicted based on the negligence
- The victim suffered actual damages (medical bills, lost wages, etc.)
Depending on the case, the defendant may be automatically presumed negligent and will be required to prove otherwise if they wish to avoid paying damages. For example, if they were in clear violation of driving laws, whether due to drunk driving, right-of-way violations, or something similar.
Our Los Angeles car accident lawyers can not only hold the negligent party responsible, but also thoroughly assess your case to determine if there were any third parties that may have led to the accident, such as Uber, Lyft, Postmastes, Doordash, construction companies, bartenders, employers, and more.
Determining What Your Case is Worth
When it comes to a personal injury settlement after a car accident, you likely want to know what to expect. The answer depends on numerous factors and there isn’t an average settlement for a car accident case. Once your attorney knows the details of the case, they can better determine what your case might be worth and help you pursue the highest possible settlement. There are several factors that will likely impact the value of your claim. These include:
- The type of insurance policy each party holds
- Ability to document the scene of the accident to prove liability
- Your current and future medical expenses
- Your attorney’s ability to negotiate a full and fair settlement
- How able you are to work after the accident
- Property damage associated with the accident
- The impact on your life, now and in the future
Pursuing Damages in Your Car Accident Case
There are 5 types of damages that we can help you obtain after your involvement in a car accident:
- Property damage: Getting your car fixed and getting you in a rental car
- Past medical bills: Ambulance bill and hospital bills
- Future medical bills: What we determine will be the total cost of your medical expenses related to the accident
- Time off work: Lost earnings
- Pain and suffering: This will be the cash advance at the end of your case, dealing with what you have suffered
We can help you get the results that you want and need. Don’t wait to contact our legal team for the guidance you need through your case!
What Our Los Angeles Car Accident Law Firm Can Do for You
Here are a few things we can do for you immediately:
- Get you medical treatment with world-renowned doctors, therapists, and specialists
- Collect key evidence
- Collect medical records
- Use our reputation and success record to get your case taken seriously with the insurance company
- Get the ball rolling on developing and strategizing your case so you can receive maximum compensation for your medical treatment, pain and suffering, and lost income
What happens during a car accident claim? Keep reading for a step-by-step breakdown.
What Caused Your Car Accident?
Reasons for car accidents typically fall into one of two categories: Those caused by driver error and those not caused by driver error. Driver error accidents typically occur due to negligence on the part of the vehicle operator or failure to adhere to traffic laws.
Some common factors that can often lead to car accidents include:
- Drunk driving
- Distracted driving (talking/texting on the phone)
- Failure to yield
- Dangerous road conditions
- Adverse weather conditions
- Vehicle failure