Karlin & Karlin
N/aBeing involved in a car accident is a scary experience for all drivers. Not only could a person sustain life-altering injuries, but they may be burdened with the task of having to pay off expensive medical bills, fix property damage, and temporarily or permanently lose the ability to generate income.
If an injured individual is able to prove that another party was responsible for the accident, they can collect compensation for their losses. However, the other driver and their insurance company are sure to mount a compelling defense. Demonstrating defendant negligence is key to any claim, and a failure to meet the burden of proof could be disastrous.
If you sustained injuries in a car accident and wish to hold the at-fault party accountable, reach out to a Corona car accident lawyer today. A hardworking attorney could aim to gather the necessary evidence to prove defendant fault and demand appropriate compensation on your behalf. En Español.
Car accidents typically arise out of two forms of failures on the part of drivers. The first is when a driver fails to keep their attention on the road. Using a cell phone, talking to a passenger, or applying makeup while driving can all cause accidents because of inattentiveness.
The second cause of accidents are violations of the rules of the road. Speeding, tailgating, failing to yield, and even drunk driving could all lead to serious crashes. These claims are generally simpler than others because proof of a conviction in traffic court means that a defendant cannot argue that they were not at fault for the collision.
The most important part of a car accident claim is demonstrating the defendant’s fault for the collision. In legal terms, this means proving that the defendant’s actions were negligent. Negligence on part of the at-fault party allows an injured person to collect compensation following an accident because the other party was careless.
A Corona car accident lawyer could also help to fight back against allegations of comparative negligence. California Civil Code §1714 states that every person is responsible for their own actions. This even applies to cases where a person has brought injury upon themselves due to their own carelessness. As a result, a defendant may argue that a plaintiff’s own speeding or failure to signal contributed, at least partially, to the crash. If a jury accepts this defense, that jury may reduce a plaintiff’s award at trial.
The goal of any car crash claim is to collect the compensation needed to set things right. However, many victims are unaware of the types of damages they may be able to obtain. The most obvious loss is physical injuries such as broken bones, separated joints, or traumatic brain injuries. A defendant is always liable to provide payments for all medical costs.
In addition, most car accident victims endure severe emotional trauma. This includes pain, suffering, PTSD, and nightmares. While difficult to measure, these losses form a significant portion of car crash claims. Finally, plaintiffs could demand reimbursement for economic losses. If their own insurance policy does not cover the damage to their vehicle, or if they miss time at work due to being left disabled, a defendant is also liable for these losses.
Few incidents that can occur in a person’s life can be as devastating as a car crash. Another person’s momentary lapse in judgment can result in injuries that inflict personal injuries, emotional trauma, and harsh economic losses.
People who endure these losses have the right to demand compensation. However, they bear the burden of proving a defendant to be negligent in the crash. This may require an intense reading of the law and a full accident investigation.
A Corona car accident lawyer is prepared to lead the way. An attorney can help you deal with insurance companies and protect your rights while you focus on making your recovery. Reach out today to discuss your case.
Karlin & Karlin
N/aCopyright © 2020 Karlin & Karlin. All rights reserved.