California law states that all drivers of motor vehicles must take deliberate steps to avoid causing injuries to other road users including motorists, bicyclists, pedestrians, and others. Whether it be in the proper maintenance of a vehicle or failing to yield at a stop sign, determining liability in auto accidents usually comes down to the negligent acts of parties. In other words, the action or inaction on the driver’s part.
The insurance firm may assign liability. However, establishing negligence may sometimes be a complicated process that requires hiring a personal injury lawyer for the case.
What Does a Negligence Claim Involve?
Establishing negligence in an auto accident, which the plaintiff must prove, requires the following:
1) Duty: The defendant had a duty to plaintiff to exercise reasonable care while operating their vehicle.
2) Breach of duty: For example, the other driver ran a red light or failed to yield.
3) Damages: The accident victim suffered damages as a result of the other driver’s failure to exercise reasonable care.
4) Causation: The actions or inaction of the other driver are a substantial factor in causing plaintiff’s damages.
Even though the above points may seem reasonably straightforward, it can still be challenging to understand and navigate on your own. However, with the right car accident attorney on your side, you have much higher chances of obtaining just compensation for financial and emotional recovery.
Contact Our San Jose Auto Accident Lawyers for Legal Advice and Representation
California has a higher number of auto accidents than most states, and a larger number of associated injuries. As a San Jose-based law firm, Farling, Hecht & Davis, LLP, has spent decades helping auto accident victims achieve justice. If you or a loved one has been involved in a car crash, do not attempt to settle the claim on your own! Contact our San Jose law firm today to schedule a free consultation, where we will discuss the legal assistance you need to win your case and receive the compensation you deserve.