If you’ve been injured in an Irvine car accident, you probably want the other driver to be held accountable. After all, if they caused the crash, they should have to pay. There’s no reason why you should be responsible for your medical bills if the accident wasn’t your fault. The problem is that it’s not always so easy for your Irvine car accident attorney to prove fault. In order to do this and win you damages, they normally have to prove that the defendant was negligent.
Here, we’ll talk about how you can prove negligence in your car accident. We’ll also touch on the topic of comparative fault and how it can impact your damages. If you still have questions after reading this article, don’t worry. All you have to do is call our office and schedule your free, initial consultation. Our California personal injury attorneys can answer any questions you may have.
How Can Your Irvine Car Accident Attorney Prove Negligence?
In order to collect damages in your car accident lawsuit, you’ll have to demonstrate negligence. This can be easy or hard, depending on the facts of your case. In California, your attorney can prove negligence by demonstrating the following 4 things:
- The defendant owed you a duty of care – All motorists owe other drivers a duty of care. This won’t be hard to prove in your case.
- The defendant breached this duty – There are a couple of ways to do this in California. You can demonstrate that the other driver didn’t execute the level of care they should have. Or you can prove that they broke the law. If they violated any California law while the accident took place, they’ll automatically be held liable.
- You were injured – In order to sue anybody, you have to prove that you were hurt. The best way for your California personal injury attorney to do this is why submitting a copy of your medical records.
- Your injuries were caused by the defendant’s breach – You must be able to show that the defendant’s actions caused your injuries. For example, if you already had a broken leg, you can’t blame the defendant for breaking your leg. The reason our Irvine car accident attorneys always insist on your going to the hospital after your crash is so you can prove you were hurt. If you wait too long to be seen, the defendant will argue that something other than the crash caused your injuries.
If you’re able to prove negligence, it’ll go a long way toward getting you the damages you deserve.
How Does Partial Fault Impact Your California Car Accident Case?
It’s one thing to be involved in a car accident. It’s quite another to prove that the other driver was at fault. Very rarely is one driver 100% at fault in a motor vehicle accident. Usually, both drivers contribute, at least a little bit, to the crash. For example, you may be hit in a rear-end collision. Typically, Irvine car accident attorneys deem the rear driver to always be at fault. However, if the defendant can prove that your brake lights were broken or that you slammed on your brakes, you can be found partially at fault.
In Irvine, California, there are two special laws when it comes to fault. First, if you are found to be partially at fault for your crash, your damages will be reduced by your proportion of fault. For example, in the rear-end accident example above, you may be found to be 30% at fault. If your total damages were $100,000, they’ll be reduced by $30,000. This is because California follows the pure comparative fault rule.
The other thing about California tort law is that anybody who has broken the law will be found to be at fault. Imagine the rear-end collision above. Assume that your brake lights were working fine, and you slowly came to a stop at a red light. If you’re found to have violated any California law, you’ll be found to be at fault even though the other driver caused the impact. This is not the case in most jurisdictions.
What Are Some of the Most Common Causes of Car Accidents in California?
There are more than 3,300 fatal car accidents in California every year. In fact, fatal car accidents happen in California five times more than any other state’s average. This is due to several things. Obviously, roads in California are more congested than they are in most places. There is also a lot of highway driving which can lead to more dangerous accidents. Still, the statistics are quite alarming. Some of the causes of these accidents include the following:
- Speeding
- Drunk driving
- Distracted driving
- Tailgating
- Overtiredness
With the exception of drunk driving, these things can happen to anyone. This is why our Irvine car accident attorneys see so many accident victims every year. We do our best to make sure we get our clients the compensation they deserve.
Contact an Experienced California Personal Injury Attorney Today
If you or your loved one are hurt in an Irvine car accident, you may have a claim for damages. Of course, it depends on the facts of your case. If you caused the accident, you could try to sue the other driver, but you’ll probably lose. However, if you truly believe the other driver was at fault, call and talk to one of our California personal injury attorneys. They can review your case and give you a better idea of what your case is worth. They’ll look to see if there’s enough evidence to prove your case before they give you any advice. If they don’t think you have a valid claim, they’ll let you know. The last thing they want to do is waste your time or theirs.
Call today and schedule your free, initial consultation. You can pick a date and time to come into our office and sit down with an experienced Irvine car accident attorney. Or, if you prefer, we can always conduct the initial meeting via Skype or Zoom. Since the consultation is free, you don’t have to worry about paying anything upfront. You can bet the other driver is going to have an attorney on their side. The last thing you want to do is put yourself at a disadvantage. There’s simply too much at stake.
