When a car accident happens, the at-fault driver will usually be responsible for damages and injuries resulting from the crash. California is fault state, which means that the basis of your case is about demonstrating fault and establishing liability for any damage and injuries that you sustained as a result of the accident.
In some cases, proving fault is relatively easy and it is simple to demonstrate that the other driver broke the rules of the road and should be held liable in court. Other times it’s not necessarily clear who is at fault.
In order to succeed in a car accident case in California, the injured person has to prove that the other driver had a legal duty of care to avoid engaging in dangerous behavior on the road. The plaintiff also needs to demonstrate that that duty was breached in some way by the other driver’s behavior like texting and driving behind the wheel or driving at excessive speed.
Finally, the plaintiff needs to be able to demonstrate that this breach of duty led to serious injuries for the plaintiff. Even when you believe that it is clear that you have sustained injuries as a result of the accident, the other party or his or her insurance company may argue the extent of your injuries. This is why it is imperative that you be prepared to represent how these injuries have impacted your life long before you go to court.
This can be in the form of medical records or notes that you have kept about how long you have had to miss work. Any individual who has been hurt in a serious accident in California knows just how devastating it can be to move on after a car accident, but taking swift action can help you recover compensation from your California car accident case.
SENIOR PERSONAL INJURY ATTORNEY & FIRM FOUNDER
Michael Pines is a former insurance company attorney who graduated from the University of California Hastings College of the Law in 1987. While he was an insurance attorney, he learned from behind the scenes how insurance companies work and how they decide how much to pay injured people. Now that he works against insurance companies, Michael’s inside knowledge has resulted in significant benefits to his clients injured in car accidents. Learn more about Michael Pines