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In a Los Angeles Car Accident, the Driver is Not Always at Fault

By Edited Aug 25, 2016 0 0

When talking about negligence in car accidents, it is always a given that the driver who carelessly injures another driver is expected to provide compensation for the damages that the latter suffered. However, it is always important for him or her to establish fault first before anything else.

If you are a victim of a car accident because of another driver’s negligence, you must prove that the other driver violated his or her duty of care to you. You must also prove that the injuries you suffered were all because of his or her carelessness. For this to happen, you must be able to hire the services of a competent car accident attorney in Los Angeles so that you may be rightfully compensated.

But then, in some situations, the driver may not actually be the one at fault for a car accident, as well as for the victim’s injuries. In such occurrences, the law usually assigns fault to someone who is actually not physically present at the scene.

Liability is not always placed on the errant driver

Determining fault is usually based on the police reports and the results of investigations. In such event, it would be very likely for you to believe that the driver is the one at fault for the accident, based on the reports.

However, it is also likely that the police reports may reveal that the errant driver does not actually own the vehicle he or she was using at the time of the accident. If found that it was only lent to him or her, and that he or she was given permission to use that vehicle beforehand, then the driver is not liable for the injuries he or she caused you.

Instead, the real owner of the vehicle would be the one liable for the injuries and damages you suffered.

Related California laws

According to California laws, an owner of a vehicle is liable and responsible for the injuries or death of a person as result of a negligent or wrongful act of any person who uses the vehicle with permission from him or her.

Once the vehicle owner is held liable for your injuries, you won’t be entitled to pay unlimited damages; instead, he or she will compensate you depending on the circumstances of the accident. For example, if the accident resulted in you suffering an injury, a limited liability of $15,000.00 is entitled to you.

But if you are with a companion at the time of the accident and he or she was likewise injured, the vehicle owner will have a limited liability of $30,000.00. In other cases, the owner of the vehicle would both be violating the law and have acted negligently if he or she lent his or her vehicle to an unlicensed driver.



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