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Liability in Accidents Caused by Negligent Motorists

By Edited May 22, 2015 0 0

In January 2010, a 21-year-old pregnant woman died and two others were injured when they were struck by a drunken driver along Interstate 805 in San Diego.

According to reports, Elaina Luquis-Ortiz, from Lemon Grove, wanted to help a friend who needed to pull over along the shoulder of I-805 south of Home Avenue due to a flat tire.

Luquis-Ortiz was with a group of people who were sitting inside a parked Mazda while waiting for roadside assistance beside the freeway.

A black Chevrolet Tahoe that is being driver by Joseph Anthony Vargas, 40, suddenly struck the vehicle they were in. The woman died instantly.

Reports said the driver pleaded guilty to charges of driving under the influence and gross vehicular manslaughter while intoxicated.

This incident shows how a negligent motorist can trigger the occurrence of an accident and end an innocent person's life.

Defining Negligence

Negligence is known as a legal theory, which is used as a basis for most car accident cases. It involves careless or negligent actions that cause injury or harm to others. A motorist will be seen as negligent if he has performed an action that he is prohibited from doing like drunk driving and speeding. He will also be guilty of it if he has failed to perform an action that he should have done like stopping at a red light, yielding the right of way, or reducing speed when driving near residential or school areas.

Under the law, a driver should exert reasonable care while driving in order to avoid accidents that can cause injury to pedestrians, his passengers, and other motorists.

A person who was injured in an accident that occurred due to a driver's negligent actions has the right to file a case in court. He will maximize his chances of being compensated by seeking legal help from a personal injury attorney.

Compensation for Car Accident Victims

A victim may be entitled to receive the following monetary damages upon winning a car accident case:

  • Medical expenses- It covers the bills for the victim's doctors, emergency room treatment nursing services, and hospital stays. However, he will only be awarded with it if he is able to establish that these expenses are caused by a medical condition, which resulted from his injuries.

  • Future medical expenses- It is awarded to the victim if he needs to have continued medical treatment.

  • Lost wages- It covers the amount of money the victim is expected to earn if he was not injured in the accident.



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