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Using Negligence as a Basis of your Car Accident Case (Part 1)

By Edited Nov 15, 2016 0 0

If you were injured in a car accident which occurred because the driver failed to stop at a red light or was speeding, you can use negligence as the primary basis of your case.

Under the law, the other driver is required to exert reasonable care while on the road in order to protect all drivers (including you), passengers, pedestrians, or whoever he may encounter while traveling. If he failed to follow traffic rules and you were injured because of it, you may be entitled to recover monetary damages from him.

As a plaintiff, you will need to prove that the other driver, who is also called the defendant, performed a negligent action while behind the wheel. This task is difficult, especially if you do not have enough knowledge regarding the different issues that may be involved in the case.

If you want to increase your chances of being compensated, it is advisable that you contact a Los Angeles accident attorney. This legal expert will help you win the case by proving the following:

  • The defendant is required to exert reasonable care while driving- It should be proven that he has the responsibility of keeping road users safe from possible and preventable injuries. This is also known as "duty of reasonable care."
  • The defendant violated or breached such duty- The court will try to determine if a reasonable person would have acted the same way as the defendant if ever he was placed in the same situation.
  • The plaintiff was injured due to the defendant's actions- Proving that the defendant was negligent is not enough. Your lawyer will also need to show that his negligence is the reason why you were injured.
  • The plaintiff was injured or suffered from losses- You will entitled to recover monetary damages if you sustained injuries or suffered from losses as a result of the accident. You will not be compensated if the accident has no effect on you.

Your Los Angeles personal injury lawyer should present evidence which shows that you need to be compensated from physical injuries, property damages, or other losses. This may be achieved by keeping a detailed record of all the injuries that you sustained, medical expenses that were incurred, and bills you need to pay so that your car can be fixed or replaced.

Additional information regarding the different causes of car accidents that are associated with a driver's negligence may be found in Using Negligence as a Basis of your Car Accident Case (Part 2).

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