How Negligence Applies to Vehicle Accidents

Most personal injuries sustained from vehicle accidents are due to negligence, which is simply an individual, business, or other entity that is careless. When the carelessness causes an accident or injury, those injured are entitled to compensation. A Los Angeles Personal Injury Attorney is the first person to call when negligence results in an injury. There are conditions that have to be met for a negligence lawsuit to be filed. Investigations and interviews have to be completed, the insurance company has to be dealt with, and building a strong case has to begin as soon as possible. There is a lot of work to be done on behalf of the injured party and family members, so it is important to find a Personal injury attorney in Los Angeles that has the resources, and experience, to devote to the case.

1

In California, anyone who drives a vehicle is expected to use care when operating a vehicle. That includes watching out for pedestrians, knowing where other vehicles are in the roadway, and controlling the speed and movements of the vehicle at all times. It also includes being aware of road conditions, any barriers, and incidents, such as stopped traffic, cycles of traffic lights, and directional signs. Any injury or accident caused by a lack of care is grounds for a negligence lawsuit. A Los Angeles Personal Injury Attorney with extensive experience will offer a free consultation and case evaluation to determine if negligence is the cause. The attorney is well aware of what it takes to prove negligence, and can advise the injured party on the strength of any given case. People can go to personal injury attorneys in Los Angeles for more information.

There are five conditions that have to be proven by the plaintiff when claiming negligence. The first is that of duty, which refers to the degree to which the defendant owed a duty of care to the injured party. Once that is established, a breach of duty has to be proved in order to have compensation awarded at a trial. The next condition is whether or not that breach of duty caused the actual injury. That is referred to as cause in fact. Proximate cause refers to whether or not the injury could have been predicted. For example, proving the predictability that a motorist running a red light will hit a vehicle that has the right-of-way. The last condition to prove is that actual damages were suffered. Most cases of negligence are resolved via settlement, but some do go to trial, so select an attorney that has trial experience. There are cases where reverse burden occurs. That means that the defendant is presumed to be negligent, and has to prove otherwise. Examples of this type of case include drivers under the influence of drugs or alcohol, motorists driving on the wrong side of the road, and those that violate right-of-way laws.