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How to Prove Liability in Traffic Collisions

By Edited Jun 16, 2015 0 0

Traffic collision happens when a car crashes into another vehicle or stationary objects like guard rails, buildings, trees, houses, fences, and road signs. If you are involved in it, there is a high chance that you will suffer from property damages and physical injuries.

Road accidents remain as one of the leading causes of preventable deaths in the United States. In fact, statistics from the National Highway Traffic Safety Administration (NHTSA) show that around 34, 017 people were killed in motor vehicle accidents last 2008. Many of these accidents could have been avoided if only drivers were more careful while they are behind the wheel.

If you were injured in a crash or collision, which occurred due to another driver's negligence, you should talk to a California lawyer so that you can immediately file a case in court. However, establishing the other driver's liability is not easy because of the procedures that you have to go through and complex issues that you have to face.

You should be able to show that the accident happened because the defendant was negligent. He will only be seen as negligent if he has acted in a careless or thoughtless way, meaning he should have failed to do something he is supposed to do or done something he is prohibited from doing.

In order to win your case, you must first prove the following:

  • The defendant is required to exert reasonable care while driving- He is supposed to respect the presence all road users including other drivers, bicyclists, and even pedestrians. It is also referred to as the "duty of reasonable care."
  • The defendant breached his duty of reasonable care- He should have performed an action, which will not be done by a reasonable person.
  • Your injuries are caused by the defendant's negligent actions- You should prove that the head injury or bruises you are suffering from are caused by the accident.
  • You were injured or you suffered from losses- You will only be able to recover monetary damages if you were able to show that you suffered from financial difficulties, emotional trauma, or physical injuries as a result of your involvement in the accident.

Duties of Vehicle Drivers

Drivers are required to be careful while traveling so that they will not inflict harm to other people. Some of the responsibilities that they have include:

  • Stop at a red light
  • Avoid driving at an excessive speed
  • Slow down when traveling along school or residential areas
  • Avoid drinking before you operate a vehicle

A personal injury lawyer should be able to help you determine which is which, and what are the things that you need to do in your case.



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