Proving Negligence in a Car Accident

How To Prove Negligence in a Car Accident Claim

One of the major causes of car accidents is driver negligence. Drivers have a legal obligation and duty to stay alert, obey traffic laws, and use common sense. When drivers fail to uphold their legal obligation and duty, they can cause serious injuries to people and property and be held liable for their negligent actions.

Unfortunately, proving negligence isn’t easy. In order to seek damages for someone else’s negligence, the injured person(s) must prove that the other driver’s negligence was at least a factor in the accident. The following types of information can help prove that another driver was negligent and caused a car accident.

Evidence of Negligence

  • Testimony of witnesses
  • Dash cam footage from nearby vehicles or the negligent driver’s vehicle
  • Surveillance footage from stoplight cams, pedestrians, etc.
  • Cell phone records of the driver who was talking or texting on the phone
  • The police report of the accident details which describes how the accident happened
  • Speeding and reckless driving
  • Driving while under the influence of drugs or alcohol
  • Failure to obey traffic laws
  • Driving while drowsy
  • Failure to properly maintain their motor vehicle
  • Aggressive driving

California’s Pure Comparative Negligence Law

The state of California has a system of pure comparative negligence that determines how much a person is held liable in a car accident. Each person who is found at fault for a car accident is held liable for a portion of the accident. For instance, if one (first) driver runs a stop sign while the other (second) driver made an improper turn, both drivers could be assigned percentage blame for the accident. If the first driver who ran the stop sign is found to be 75% at fault, and the second driver was awarded $250,000 in damages, the second driver would be awarded $187,500 ($250,000 x .75 = $187,500). Similarly, since the second driver is responsible for 25% of the blame, the first driver would be paid 25% of the amount they were awarded in damages.

Proving negligence in a car accident can require an experienced and aggressive personal injury lawyer. If you or a loved one has been injured in a car accident, it’s important that you retain a competent lawyer to help fight your legal battle. At M&Y Personal Injury Lawyers, we are dedicated to helping our clients obtain the highest possible settlement for lost wages, pain and suffering, past and future medical bills, as well as other losses. If you need help in sorting out the details of your accident, give us a call, or fill out the simple form, for a free consultation.

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