Car accidents are the most common types of personal injury claims in the United States. Each year, thousands of people are injured in car crashes in the United States, and these injuries are often serious. Car accidents can leave victims in extreme pain and with mounting medical bills, often at a time when they are unable to return to work. Although it is true that accident victims can claim compensation for their injuries when the crash was due to someone else’s negligence, it is not always so easy to obtain. A Fairfield car accident lawyer can help those hurt claim the compensation they need to recover from their injuries.
Determining Fault in a Fairfield Car AccidentTo claim compensation after a car accident, you must be able to prove that someone else was at fault for the crash. Negligence can involve a driver simply not paying attention to the road or violating traffic laws such as speeding, driving under the influence of alcohol, or texting while driving. However, simply stating that another driver was engaging in these behaviors is not enough. To prove liability, accident victims must prove some important elements of their case with the help of a car accident attorney in Fairfield.
The first element of proof is duty of care. Every motorist has a duty to drive in a reasonable manner that keeps everyone else on the road safe. Due to this, proving this element is relatively straightforward.
The second element of proof is much more challenging to establish. This element states that accident victims must prove that another driver breached his or her duty of care by acting negligently. While accident victims can often identify the negligent act that caused a crash, proving it is much more challenging.
Lastly, accident victims must also prove that the defendant’s negligence caused their injuries. For example, if one motorist was speeding and another ran a stop sign and crashed into the accident victim’s vehicle, the injured party could not hold the speeding driver liable if they did not cause the crash.
Comparative Fault in Fairfield Car AccidentsIn some instances, two or more drivers may be found at fault for a crash. When this is the case, accident victims can still file a claim for compensation as long as the other driver carries the majority of the fault.
However, if an injured individual is found partly to blame for a crash and awarded compensation for his or her injuries, that compensation is reduced by the same percentage of fault. For this reason, defendants usually try to state the accident victim was partly at fault, but a Fairfield car accident lawyer can refute those claims.
Injured in a Car Crash? We can HelpIf you have been hurt in a car accident, do not file your claim on your own. Call our car accident attorneys in Fairfield at the Brod Law Firm to get the help you need. We know how to hold at-fault parties responsible when they cause a crash, and we will act as your advocate throughout the entire claims process. Call us today at (800) 427-7020 for your free case evaluation to learn more about how we can help.