There is a lay person’s definition of the word negligence, and then there is the definition of this action as it relates to what holds up in court. Personal injury lawyers frequently investigate if the incident that is being described to them by a potential client seems to fit into the category of someone who has literally committed negligence or not. Car accident lawyers will not proceed with a case in California if they do not think that it will reach the legal definition of negligence at the very least. Aggravated forms of negligence that will definitely be less difficult to prove in court include recklessness such as felony drunk driving.
What Is Negligence?
In a strict sense this means that the offending party did not act with the necessary care to perform the action that they were taking at a necessary time and as a result, someone ended up getting hurt. Negligence can be present in dog bite attacks, premises liability cases, drunk driver accidents, pedestrian accidents, car accidents, construction accidents, burn injuries and more. In a car accident scenario, this can mean that they were doing something such as talking or texting on their cell phone while driving or failing to act as a reasonable person would under the circumstances. An automatic or inferred assumption of negligence, called negligence per se, is arrived at when a California Vehicle Code Section is violated. This is why police reports also become a critical factor in a negligence or recklessness determination. For instance, if the officer cited the other party for driving at an unsafe speed which is California Vehicle Code section 22350, then an inference of negligence already exists. In more serious accidents that involve a car getting totaled, a person being taken to the hospital for serious injuries, negligence is somewhat easier to prove when one looks at the property damages and bodily injury that resulted, especially where more than one person was injured.
Since many different scenarios can occur and do occur, it is best to contact one our fine car accident litigators at Jacoby & Meyers to discuss your case.
How is Negligence Proven by Our Car Accident Attorneys at Jacoby & Meyers?
Our law firm is going to look at each individual case that comes before it to try to determine if one of our Los Angeles personal injury attorneys can make your claim a successful one. Proving this means showing a number of elements to the court.
One has to show that the other driver had a duty of care that they were expected to uphold. They must also prove that the offending individual breached that legal duty that was placed in them when they acted in a certain manner or failed to take certain actions. Finally, it must be shown that the negligence was what caused the accident and injuries as a result. These are all high bars to get over, but that is why it is just so important to have a talented attorney who has succeeded on such claims for his clients. Click here to learn about the track record of our attorneys at Jacoby & Meyers on a wide array of legal cases including motorcycle accidents, premises liability cases, automobile accidents and more.