Liability for an automobile accident leads to questions regarding the medical care needed post-accident and property damage. Your attorney can help answer questions regarding who is at fault for the accident. They can also help compel at-fault parties to pay for the plaintiff’s monetary damages. Under California law, to receive compensation for injuries or property damage resulting from a collision like a car accident, the injured party has the burden of proof.
When we represent you, our car accident lawyers in Los Angeles CA, must prove that:
- The at-fault party acted negligently by failing to exercise caution or reasonable care;
- The plaintiff was harmed by such failure to act or action by the defendant;
- The accident directly caused the injuries sustained and the damage to the vehicle;
- The defendant should compensate for the injuries and damages.
Questions regarding liability in accidents involving more than two vehicles require analysis and review of relevant documentation. These include eyewitness statements and police reports by our team of attorneys. In those instances, you can allocate fault. For example, in a 7-car collision, the last car in the chain can still bear liability 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 of accidents and proving those cases in court. Contact Jacoby & Meyers to discuss your accident and the resources they can make available to prove your claim.
Table of Contents
How Can You Prove Negligence In Court?
Anyone who suffered injuries due to a third-party driver’s negligence on the road in a car accident may receive legal compensation for his or her damages and bodily injuries. This also includes and extends to the injured party’s vehicle passengers. It applied even when the driver didn’t suffer injuries in the car accident, but the passengers did. Proving negligence is what our team of aggressive litigation attorneys does day in and day out. We gather facts and evidence, which are demonstrable and provable before the court and judge. Our law firm obtains the police report if there is one. We also speak to witnesses and identify the defendant’s insurance, including known coverages or assets.
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. These depend on the facts gathered and how our team of attorneys evaluates your case. This analysis enables us to prove negligence exists. It also proved that the negligence 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 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. The insurance company essentially says both parties are at fault in this scenario. Therefore, they’re liable to a certain degree or extent- requiring apportionment of the damages.