The majority of personal injury claims in Los Angeles, and throughout the rest of California, involve car accidents. It is natural to assume that one of the drivers at the scene was at fault for the crash, but that is not always the case. Government entities and manufacturers are also sometimes found to be the liable party in car accident claims. If you have been hurt, it is critical that you speak to a Los Angeles car accident lawyer. A lawyer will identify the liable party, and hold them accountable for paying the full damages you deserve.
Determining Liability After a Car AccidentCalifornia is a tort state, which means that accident victims can hold negligent parties liable for paying damages after a crash. Negligence is another word for carelessness and can involve driving while impaired, texting while driving, and failing to yield the right-of-way to other motorists.
When filing a negligence claim, you must prove four elements of your case. You must establish that another party owed you a duty of care to act reasonably so you are kept safe, and that they breached that duty by acting negligently. You must also prove the negligent act was the direct cause of the crash, and that you sustained injuries as a result.
Again, drivers are not always the liable party. If a manufacturer created a defective part, such as part of the braking system, and that faulty part caused a crash, the manufacturer can be held liable. Or, if part of the road was designed poorly, the government entity that designed it is liable for the accident. Clearly, it is not always easy to determine who was to blame for a crash. A Los Angeles car accident attorney can identify the negligent party so you know who to hold liable for paying your damages.
Los Angeles Car Accidents Governed by Pure Comparative FaultIt is not uncommon for multiple parties to be liable for a car accident. For example, one party may have been speeding, while another was texting and driving and failed to see the speeding driver. In cases such as these, both parties will be assigned a certain percentage of fault. Due to the fact that California is a pure comparative fault state, all parties can still file a claim for damages. However, the amount of damages they will receive is reduced by the victim’s same percentage of fault.
Liable parties in car accidents almost always try to argue that another person was more at fault for the crash to protect themselves from having to pay full damages. This is one reason it is so important to work with a car accident attorney in Los Angeles who can defend against these claims.
Call Our Car Accident Lawyer in Los Angeles TodayIf you have been hurt in a crash, our Los Angeles car accident lawyer at Brod Law Firm can handle the details of your case so you can focus on your recovery. Attorney Brod will protect your rights while holding liable parties accountable for paying the full damages you deserve. Call us today at (800) 427-7020 or contact us online to schedule a free case review and to obtain the legal advice you need.