Proving Negligence in a Car Accident

Car accidents happen all too often in Orange County. If you have been injured in a car accident, you may have some questions, such as whether or not you should file a claim for damages. In California, in order to have a successful car accident claim, you will need to demonstrate the following elements of negligence:

·      The accident directly caused your injuries and monetary losses

·      The other driver breached that duty

·      The actions of the other driver caused the accident

·      The other driver had a duty to operate his or her vehicle in a safe manner

When car accidents are caused by defects in the road, a curb or median, inoperable streetlights, or a faulty traffic signal, it may be possible to pursue a personal injury claim against the responsible city, or state agency. Before filing a lawsuit, however, you must file a notice of claim with the appropriate government agency within 6 months of the date of the injury. Finally, when car accidents are caused by mechanical defects, a product liability lawsuit can be brought against the automaker or distributor.

With years of combined experience, Dennis Law Group has recovered millions of dollars in damages for our clients. Most car accident claims are resolved through an intricate and detailed negotiation with an insurance company. Our legal team is keenly aware that insurance companies have an unfair advantage over the injured and often attempt to settle car accident claims for as little money as possible. So, without first consulting your legal representative at Dennis Law Group, you may not want to speak with the insurance company.

Insurance Claims for Car Accidents in California

California is a fault state for insurance purposes. This means that the other driver must be found responsible in order for you to pursue a claim. Additionally, car accidents in the state are governed by comparative negligence law. Therefore, if your actions contributed to the accident in any way, the amount of your recovery will be reduced by the percentage of your fault.

For example, if you sustained $20,000 in damages, but the insurance company determines you were 20 percent at fault, the amount of damages will be reduced to $16,000. Obviously, determining fault in a car accident can be quite complicated and will have a significant impact on the value of your claim. This is where the skill and experience of a knowledgeable attorney can be very useful.

Types of Car Accident Injuries

Depending on the severity of the collision, car accidents can result in all types of injuries. Some of the common injuries include:

·      Cuts and bruises

·      Lacerations

·      Fractures and broken bones

·      Head and neck injuries

·      Whiplash

·      Spinal cord injuries

·      Traumatic brain injuries

A high impact collision can cause traumatic injuries such as paraplegia, quadriplegia, and head and brain injuries. Although minor car accidents can result in injuries, many victims may not be immediately aware that they have been injured. Then, days or weeks later symptoms may surface, such as pain, discomfort or dizziness. This is why it is crucial to seek medical treatment after a car accident even if you don’t feel like you’ve been injured. By failing to do so, your injuries may worsen and your claim will be harder to prove.

Reach out to our skilled legal team before it is too late. Contact the Dennis Law Group today for a free, no obligation consultation.

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