Have you been injured in a California car accident? If so, filing a personal injury lawsuit may allow you to recover damages. However, for a valid personal injury claim, you must prove the other driver involved was negligent.
When is a California Driver Liable for a Car Accident?
California drivers all have a duty to exercise reasonable care when driving. A driver's responsibility to exercise reasonable care is breached when they violate traffic laws, drive recklessly or unsafely, or ignore unsafe road conditions.
Negligence in a California Car Accident:
Typically, for a successful car accident claim, the plaintiff must demonstrate that the other driver caused the incident and that the injury resulted from the accident. The plaintiff will also need to show proof of any elements of negligence:
- Distracted driving (were they texting while driving?)
- Ignoring traffic signals or road signs
- Driving while over-tired
- Driving under the influence
- Reckless driving/speeding
- Failing to yield
- Aggressive driving
- Illegal turns
- Failing to maintain a vehicle properly
- Failing to signal
How to Prove Liability or Negligence in a California Car Accident:
Proving negligence in a California car accident can be more complicated than many injured parties expect. Identifying negligent acts of at-fault California drivers is far more likely with a knowledgeable, local personal injury attorney on your side. When filing a car accident claim, actively cooperate with the attorney through investigations, assist with their requests to collect evidence to support your claim, and provide them with the names and contact information of any witnesses you engaged with at the scene. Your California car accident lawyer will manage the information you provide, gather additional details, and sometimes collaborate with experienced accident reconstruction specialists to meet the necessary burden of proof.
If you need to discuss filing a California car accident lawsuit or have questions about how to liability in a California car accident, get in touch with Moss Bollinger, Sherman Oaks, California personal injury attorney. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation or contact us online.