Bakersfield Car Accident Lawyer

Auto accidents are the most common cause of personal injuries in Bakersfield and throughout the rest of the country. While many car accidents are minor and do not cause severe injuries or extensive property damage, others are much more serious and cause catastrophic injuries. In California, negligent parties are liable for paying damages when they cause a crash, but accident victims must prove the careless party was at fault. Below, our Bakersfield car accident lawyer explains how to do it.

Understanding Negligence in Car Accident Claims

Determining fault after a car accident in California can be complex. Fault is based on negligence, or carelessness. Careless driving and failing to pay attention to the road are two forms of negligence that can cause a crash. Negligence per se applies when a driver violates traffic law. Some of the most common causes of car accidents in Bakersfield are as follows:

• Running a red light
• Speeding
• Distracted driving
• Texting while driving
• Failing to yield the right-of-way
• Drunk driving

In some instances, two or more drivers are at fault for a crash. When this happens, injured individuals can still file a claim for damages. California is a pure comparative fault state, which means that even if someone is 99% at fault for a crash, they can still file a claim for 1% of damages.

How to Prove Negligence After a Car Crash

To prove that another driver was negligent, you must establish four elements of your case. These are as follows:

• The other motorist owed you a duty of care to drive their vehicle in a safe and reasonable manner,
• The other driver breached their duty of care by acting negligently,
• The negligent act caused the crash, and
• You became injured as a direct result.

Collecting strong evidence is critical when proving your case. The best evidence includes pictures and video footage of the accident scene, eyewitness statements, medical documentation, accident reconstruction reports, and police reports.

How to File a Claim for Damages

It is always recommended that you work with a car accident attorney in Bakersfield when filing a personal injury claim. A lawyer will draft a demand letter that outlines your injuries and the amount of damages you are pursuing. After the insurance company receives your demand letter, your lawyer will then negotiate with the insurer until a fair settlement is reached. Dealing with the insurer is very difficult after a crash. If they refuse to offer a fair settlement, you may have to go to trial, although this rarely happens in car accident claims.

Call Our Car Accident Lawyer in Bakersfield for a Free Case Review

You should not have to deal with the aftermath of a crash on your own. At Brod Law Firm, our Bakersfield car accident attorney can help you navigate the process so you have the best chance of obtaining the full and fair compensation that is justly yours. Call us now at (800) 427-7020 or contact us online to schedule a free review of your case and to learn more.

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