loading

Wondering About Whiplash? Ask An Auto Collision Lawyer!

In most car accidents, drivers tend to blame everyone but themselves for causing it. So if you are facing a Los Angeles car accident case and you want to prove your innocence or your claim, it would be advisable that you hire a car accident attorney to handle your legal troubles.

Defending and establishing your claim for damages can be hard, especially if it falls into the wrong hands. To make sure your car accident case is expertly handled, remember to research first before hiring any legal counsel.

You should at least know the nature of your lawsuit and the planned defenses or evidences your attorney will utilize to win your case. Like other personal injury claims, the success of your car accident case depends on who can prove negligence. Here’s what you need to know to prove negligence and the defenses you may use if you’ve been accused of it:

Proving Negligence

  • Negligence is a person’s failure to use ordinary care or the breach of his duty of care through either an act or omission. In car accidents, as the law requires that all drivers exercise reasonable care to avoid harming people on the road, the following actions are considered as negligent:

    • Excessive speed
    • Driving under the influence of drugs/alcohol
    • Failure to follow traffic signs and signals
    • Distracted driving (texting, putting on make-up while driving)

  • To establish negligence, the following elements must be present in your car accident case:

    • There was a duty of care owed (driving safely)
    • There was a violation of that duty (ex. DUI, overspeeding)
    • The breach of that duty led to the accident
    • The plaintiff was injured as a result of that accident

Defenses to avoid or reduce liability

Comparative negligence – Under this principle, the fault or negligence in the accident shall be allocated between the parties involved. Most states recognize this rule and under it, if you are accused of being negligent, you can counter that by saying that the other party is also “partially” at fault.

Contributory Negligence – You can avoid legal liability completely by utilizing this defense if you can show that that the accident victim's own negligence caused or contributed to the crash. By employing this tactic, the victim, even if their fault in the accident is slight, will be barred from recovering any compensation from you.

To know more about how you can win your car accident case, consult with an expert car accident attorney.

| More
First Name  
Last Name  
City  
State  
Phone  
Email  
Type  
Details  
Join Our Mailing List

  Type the letters below:  

Captcha Image
Follow us on Twitter
Facebook
Avvo Profile
Linkedin Profile
Rodney Mesriani on

Follow us on Twitter
Facebook
Avvo Profile
Linkedin Profile