Car accidents may make lives a nightmare. Most victims are even left to contend with the cost of property damage, medical fees, and lost income in addition to physical pain and emotional stress. Determining who was at fault, in other words, in the law, it is referred to as proving liability, is one of the most important aspects of ensuring one gets fair pay.
In California, it is the burden of the one who was the victim to be able to prove that the other driver was negligent. But since you are already flooded, how do you get the evidence, interpret laws, and go around the insurance claims? An experienced Orange County lawyer will be vital at that.
What Is Proving Liability?
Liability implies legal liability. You need to demonstrate that the other person behind a car crash was careless or reckless, and that directly led to the car crash and your injuries as a means of getting compensated.
To prove the liability of the other party, your attorney will have to prove four important aspects:
- Duty of care- The other motorist also owed a duty of care to drive safely.
- Violation of duty– They delegated that duty (e.g., texting and driving, speeding).
- Causation – Their actions caused the accident.
- Harm – as a result of this, you were harmed (medical expenses, lost wages, etc.)
Ordinary problems with Car Crash Cases
Although some accidents may appear simple, establishing fault is not as simple as it would appear to be. Insurance companies might ruin your account or charge you with the blame game. In addition to this, vital evidence such as skid marks, witness statements, or CCTV footage may be lost within seconds if left uncaptured.
How a Car Accident Attorney in Orange County Will Help You?
One way of ensuring that your probability of reducing liability to prove and recover fair compensation is significantly high is by hiring an expert car accident attorney in Orange County. These are the ways that they benefit:
1. Holding an in-depth Investigation
Lawyers examine all the aspects of the accident. They can come to the scene, watch surveillance tapes, examine vehicle damage, and retrieve police reports. They usually collaborate with other professionals in accident reconstruction who are capable of giving professional ideas of how the crash took place.
2. Obtaining and maintaining evidence
Such time-sensitive evidence as dashcam videos, 911 calls, and eyewitnesses can prove crucial. It is through lawyers that such evidence is stored lest it be erased or damaged. They can also use subpoena phone records or get toxicology reports as a way of establishing driver negligence.
3. Insurance Companies Communication
Insurance adjusters are looking out to safeguard the bottom line of the company. They can reject genuine claims or provide an insignificant settlement. A lawyer can talk to convince, oppose unjust tricks, and defend your rights in court.
4. Being Your Advocate in Court
In case you are not able to agree on a fair settlement, your attorney can bring your case to the court and file a lawsuit. They would bring your situation to a court of law with a strong nerve of compelling proof and professional testimony.
What is the Comparative Fault System in California?
California adheres to comparative fault. This has the effect that in case you are in any way responsible for causing the accident, the compensation may be deducted by your percentage of the fault. This would, say, mean that, in case you are found using 20 percent of the fault and are rewarded 100,000 dollars, you will obtain 80,000 dollars.
An experienced lawyer will strive to minimize your share of the blame and such that evidence establishes a clear picture of the negligence of the other party.
What Traffic Laws Have to Say about Your Case?
California traffic laws are very important in establishing fault in car crash cases. Breaking any of these traffic regulations, e.g., running on a red light, not yielding, or exceeding the speed limit, etc, can be a good indicator of negligence.
These laws will be used by the attorneys as they study your case. For instance:
Was the guilty driver observing the established speed limits?
Coverable Compensation
In the case your attorney manages to convince the court of liability, you can recover several forms of compensation that include:
- Previous, current, and future health costs
- Wages lost and diminished ability to earn in the future
- Repair work or substitution of vehicles
- Suffering and pain
- Emotional distress
- Degradation of the pleasure of life
Your lawyer will value your total damage so that you do not end up accepting what you do not deserve.
Final Thoughts
Liability in a car crash case does not lie only in finger-pointing. It involves legal circumspection, elaborate investigation, and the aptitude to stand against insurance companies.
A reliable car accident lawyer in Orange County will be able to offer all and more. They will take you through each and every procedure, collect concrete evidence, analyze traffic laws, and relentlessly ensure that you are given the amount you are entitled to. You should never leave your future to chance, and therefore, it is necessary to contact an experienced lawyer should you have suffered a vehicle injury.
Note: This article is provided by CallahanLaw and published by our team. We are not responsible for the accuracy of the information provided.