Liability for an automobile accident leads to questions regarding the medical care needed post accident and property damage. Questions regarding who is at fault for the accident and should therefore pay for the plaintiff's monetary damages are left for your attorney to solve. Under California law, in order to receive compensation for injuries or property damage as a result of a collision like a car accident, the injured party has the burden of proof.
The plaintiff must prove the third party was 1) acted negligently by failing to exercise caution or reasonable care, 2) that plaintiff was harmed by such failure to act or action by the defendant, 3) that the accident directly caused the injuries sustained and the damage to the vehicle, 3) that such injury and damages should be compensated by the defendant.
Questions regarding liability in accidents involving more than two vehicles require analysis and review of relevant documentation including eyewitness statements and police reports by our team of attorneys. In those instances, the fault is allocated. In a 7 car collision, for example, the last car in the chain can still be held liable but to a lesser extent than the 6 cars preceding it.
Los Angeles car accident attorney, Jacoby & Meyers has extensive experience researching the causes and responsibility in accidents and in proving those cases in court. Contact Jacoby & Meyers to discuss your accident and the resources they can make available to prove your claim.
How Can Negligence Be Proven In Court?
Anyone who was injured as the result of a third-party driver's negligence on the road in a car accident may be entitled to legal compensation for his or her damages and bodily injuries. This also includes and extends to the passengers of the injured vehicle, even in situations where the driver may not have been injured in the car accident but the passengers were. Proving negligence is what our team of aggressive litigation attorneys does day in and day out for our car accident client's cases. Facts and evidence are gathered to be demonstrable and provable in front of the court and judge. Our law firm obtains the police report if there is one, speaks to witnesses, identifies the defendant's insurance and sometimes known coverages and assets in the process.
Negligence in the eyes of the law results when another driver had a duty to drive and operate their car in a safe manner but failed to do so due to inadequate care. Car accident injury lawyers can identify legal arguments, strengths and visible weaknesses to your case when facts are gathered and your case is evaluated by our team of attorneys. This analysis enables us to prove negligence exists and that it specifically caused you harm, entitling you to legal monetary damages.
California Law Regarding the Burden of Proof
California is an at-fault state. What that means from a legal perspective is that you must prove that the other driver was at fault before you can pursue a claim on your insurance. The at-fault percentage that is attributed to you is how much of a reduction in the claim amount you will receive. Put simply, if the insurance company finds that you were twenty-five percent at fault for the accident, then they will reduce your insurance payout by twenty-five percent. It is up to you to show that the other driver was really the one that they should be pursuing. In this scenario, the insurance company is essentially saying both parties are at fault and therefore liable to a certain degree or extent- requiring apportionment of the damages.