How to Prove a Vehicle Accident in Los AngelesUpdated on Tuesday 07th March 2017
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Proving fault in a vehicle accident in Los Angeles means determining who was responsible for violating the traffic laws or who was negligent.
This is an important step, whether you are only negotiating with the insurance company or if you decide to take the case to court.
Negligence is proved by showing that the defendant has a duty of care towards the plaintiff: in car accident cases, that he should have paid attention to a particular set of rules and failed to do so, thus directly causing the accident and injuries.
You can benefit from seeking legal aid from one of the Los Angeles personal injury attorneys. A lawyer can help evaluate your case and work together with you to prove the other party’s liability.
Proving fault and negligence in a vehicle accident
Proving negligence in a vehicle accident will often mean looking at several sources. Because both parties may have broken some traffic laws, it may not always be plain clear who caused the accident. the personal injury case will depend on the severity of the accident: the degree of injury brought upon the plaintiff or his or her death after the accident may determine if the defendant is charged with criminal liability.
The California Vehicle Code is the most important source of legal information for cases involving vehicles, motorcycles and even bicyclists. Traffic laws will dictate how the drivers should have proceeded in a number of pre-established cases, like left turns or the distance they should have observed from the vehicle in front.
The police reports are also very important in proving liability in a vehicle accident. You should try to get a copy of them as soon as possible after the accident. One of our Los Angeles personal injury lawyers is able to help you gather the important evidence after a car crash.
Shared fault in vehicle accidents
Vehicle accidents are a good example of how the comparative negligence rule applies in California. The plaintiff can still claim compensations even if he or she is liable up to 99% for the accident. However, during the trial, the judges will determine the exact percentage of liability the plaintiff has and the determined settlement will be reduced by that amount. For example, if after being in a car crash you were entitled to 100,000 $ but were found to be 25% at fault (because you were also speeding or violated the traffic rules in any other way), the final settlement amount will be only 75,000 $.
You can use a settlement calculator to find out what the estimated value is for your physical and material damages.
One of our Los Angeles personal injury attorneys is able to help you prove liability and negligence in a vehicle accident. Contact us for more information about your rights and what you can do immediately after the car crash.