Millions of American citizens suffer from motor vehicle accidents every year. These victims are often plagued by permanent disabilities, such as brain damage and spinal trauma.
Studies have shown that automobile accidents are within the top five leading causes of death in Los Angeles alone, surpassing strokes, cancer, and homicide by a considerable margin. Out of the 200 most populated cities within the United States, insurance companies have ranked Los Angeles county as the 195th safest city to drive in.
Auto accident-related deaths have shot up by an alarming 32% within the last decade. There are a number of reasons behind why these types of accidents take place. They usually stem from the careless behavior of a single driver or in certain cases several. Nevertheless, it is also quite common for more than one driver to share the responsibility for causing an accident on the road. It is also pretty prevalent for automobile accidents to occur from something other than a negligent driver behind the wheel. Things such as unfavorable weather conditions, damaged roadways, as well as faulty car parts often cause accidents as well.
Victims of automobile-related accidents can pursue compensation for:
Physical pain and suffering
Mental and emotional stress
Loss of wages
Inability to earn income
Determination Of Liability
The state of California's process in determining the liability of a car crash can be frustrating and complicated at times, even more so when more than one party is involved. The determining factor for this is typically based upon the neglectful behaviors of all drivers involved. This is critical in settling upon which individuals will be held responsible for the accident as well as the total amount of compensation owed to the victim. Keep in mind that there are scenarios where negligent driving is not the cause of an accident, such as poor road conditions and more.
Defining Negligence
Driving a vehicle negligently is unacceptable behavior. Every driver is required to do so in a way that is safe for themselves and others. In correlation to auto accidents, negligence comes in the form of anything from somewhat thoughtless to heedless actions. Examples of driver negligence can involve:
- Speeding
- Driving while intoxicated
- Lack of attention to the road
- Failure to abide by traffic laws
- Texting
Defining Duty of Care
Being a driver comes with the responsibility of what is called “duty of care”. Every driver is legally held responsible for operating their vehicle with a reasonable amount of care at all times.
If you are injured by another driver, you will have to prove how the other driver's negligence was the cause of your injury. California's legal standard in regards to negligence will take into account three things:
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