Explaining Fault and Negligence for Car Accident Personal Injury Cases in Los Angeles, CA
A car accident can change your life in an instant. No matter the severity of your injuries you could wind up needing months of rehabilitation, emotional therapy, and could miss out on a lot of work or school. There’s no reason you should be on the hook for money spent to care for your injuries and other losses when you were not the at-fault driver in the accident. Today, we will explain fault and negligence as they relate to car accident personal injury cases so you can determine if you have the basis for a lawsuit or not in California.
How to Determine Fault in California
California is a fault state, which means that the law requires you to prove fault in a car accident case that caused injuries. The injured plaintiff is responsible for proving fault if he or she wants to win their case and be awarded compensation for said injuries. There are many accidents where fault is easy to determine because it is very straightforward. In other cases, it can be incredibly difficult to find ways to prove fault. Either way, there are four items that you must be able to show in order to win your case.
The first item necessary is that there was a legal duty owed by the defendant to the plaintiff. All drivers are legally required to owe a duty of care to other drivers that they will operate their vehicles as safely as possible at all times.
The second item necessary is that the duty owed to the plaintiff by the defendant was breached. In this aspect of the case the plaintiff must prove that the defendant acted negligently in providing a duty of care. This means that the defendant was unable to act as responsibly as another driver would have in a reasonably comparable situation.
The third aspect of a case involving negligence is that the breach of the duty of care directly led to the injuries suffered by the plaintiff. The plaintiff will need to show that the negligent actions of the defendant directly led to the injuries suffered by the plaintiff in the crash. The bottom line here is that the crash would have never occurred if the other driver had been just a bit more careful in operating their vehicle.
The fourth aspect of this type of case is damages. The plaintiff will need to prove to the court that the negligent actions caused damages, which can be both injury related and property related.
What is Shared Fault in Huntington Beach, CA?
There is a possibility that both drivers could share fault in the accident. This is when both drivers made negligent actions that led to the crash. In a personal injury case, the plaintiff will need to show that the other driver exhibited more blame for the crash compared to the plaintiff. If not, both drivers will be labeled as at-fault and no one will receive compensation. On the other hand, the plaintiff can wind up receiving an award of 70-30 instead of 100 percent.
Contact a Santa Ana Personal Injury Lawyer to Discuss Your Car Accident Case in California
Did you or a loved one sustain serious injuries due to a motor vehicle accident in California? Don’t let the medical bills pile up while you wait for the negligent party, or their insurance company, to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Paris Firm represent clients injured because of a car accident in Irvine, Rancho Cucamonga, Ontario, Anaheim, and throughout California. Call 909-469-5127 or email us to schedule a consultation about your case. We have an office conveniently located at 15335 Fairfield Ranch Road Suite 125 Chino Hills, CA 91709.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.