Car Accident Liability

No one expects to get into a car accident. Yet, each year there are about 175,000 people injured in California car accidents and more than 3,500 traffic fatalities. After an accident, victims are entitled to pursue a personal injury or wrongful death claim against the responsible party or parties. However, determining car accident liability is not always straightforward. For example, insurance companies are often hesitant to offer fair settlements and look for ways to deny or reduce the value of accident victims’ claims. At Power Trial Lawyers, we take an aggressive approach to securing compensation on behalf of our injured clients. We are both effective negotiators and seasoned litigators, meaning we can effectively handle your case from beginning to end in pursuit of the best result possible.

Car accident lawsuits are a type of personal injury claim and, therefore, fall under the larger umbrella of negligence cases. In this context, the term “negligence” has a specific legal definition, which can be confusing because it isn’t necessarily the same as the word’s everyday meaning. Specifically, in order to prove that another driver was legally negligent, you must establish each of the following:

• The other driver owed you a duty of care;
• The other driver’s actions or failures to act violated the duty of care owed to you;
• The other driver’s breach of the duty was the cause of the accident; and
• You suffered economic or non-economic damages.

Below is a brief description of each of these elements.

All drivers owe everyone else on the road a duty of care. This duty generally requires a motorist to follow all traffic signs and laws and exercise good judgment. In most Los Angeles car accident lawsuits, the “duty of care” element doesn’t pose much of a challenge for accident victims.

Determining whether a driver breached a duty of care is perhaps one of the most difficult elements when trying to prove car accident liability. This is where the common understanding of the word “negligence” comes into play. In other words, a driver breaches a duty of care if their actions are negligence. For example, drunk driving, speeding, distracted driving, running a red light or failing to yield the right of way can all be considered a breach of a driver’s responsibilities.

The causation element requires you to prove that the other driver either caused or contributed to the accident leading to your injuries. This requirement reflects the concept that a driver may be negligent but that their negligence may not have resulted in the accident. For example, assume you get upset when another driver cuts you off. Then, a few blocks down the road, you fail to notice a stop sign because you’re still angry about being upset, and another car hits you. In this case, the negligence of the driver who cut you off wasn’t the “cause” of the accident.

Almost every car accident results in damages, whether they are related to your medical expenses, lost wages, emotional injuries or property damage. Thus, it isn’t so much about proving you suffered damages but proving the extent of the damages you suffered. It is important to work with an experienced attorney who can accurately assess all your damages so you are fairly compensated for everything you’ve been through.

If you or a loved one was recently injured in a car accident in Los Angeles, Orange County, or elsewhere in Southern California, reach out to Power Trial Lawyers to see how we can help. Our lawyers have more than ten years of hands-on experience aggressively pursuing maximum compensation on behalf of our clients. We can help you establish car accident liability and determine the appropriate amount of damages that will ensure you are compensated to the fullest extent the law allows. To learn more, and to schedule a free consultation with an attorney today, call 844-844-POWER (7693). You can also connect with us through our online contact form. We proudly represent clients in Los Angeles County and Orange County and have conveniently located offices in Los Angeles and Newport Beach.