Have you recently suffered serious injuries and substantial economic losses from a car accident in the Redlands? You might think the at-fault driver’s insurance can cover your damages, but this may not be the case. If not, you will need to pursue additional remedies to ensure your recovery. A Redlands car accident attorney can help you build a personal injury case that seeks to compensate you for your losses, but you should have an idea of what it takes to succeed with such a case.
Negligence in Car Accident Lawsuits
A car accident lawsuit will fall under the purview of personal injury law, and this branch of civil law revolves around the legal term “negligence.” This term describes an incident in which a party fails to exercise reasonable care. While the term “reasonable care” may sound nebulous, it basically refers to the way a reasonable adult should or might act in a given situation. If you want to succeed with your car accident lawsuit, you must first identify the party responsible for your damages and establish their negligence.
In any personal injury lawsuit, there are four basic components that a plaintiff and their car accident attorney in the Redlands must establish to prove negligence. First, the plaintiff’s legal team must establish the defendant’s duty of care for the situation in question. In a car accident lawsuit, the duty of care in question is the duty to drive safely and responsibly and to abide by the traffic laws of California. The next step in proving negligence is showing the court how the defendant failed to uphold this duty of care.
Drivers violate their duties of care and cause serious accidents in California for many reasons. Some of the most common examples of drivers breaching their duty of care in ways that cause accidents include:
- Driving under the influence of alcohol or drugs.
- Driving while fatigued.
- Driving while distracted.
- Driving a vehicle with serious known maintenance problems.
- Driving a vehicle that does not have properly functioning lights and/or signals.
- Moving violations, such as speeding and running through stop signs and red lights.
- Failing to yield the right-of-way.
Proving negligence in a car accident case requires showing the court that a named defendant breached their duty of care to drive safely in some manner. Next, the plaintiff’s legal team will need to provide the court with a full breakdown of all of the losses resulting from the defendant’s breach of duty. The final component of proving negligence is establishing that the damages listed in the claim were the direct results of the defendant’s negligence and did not come about from another cause.
Evidence That Can Sway Your Case
In addition to proving negligence, a plaintiff and their Redlands car accident attorney will need to provide the court with as much evidence as they can find to have a solid case. This evidence pertains to not only proving the defendant’s negligence but also establishing the exact scope of the plaintiff’s damages.
Evidence that commonly comes into play during car accident lawsuits to prove the negligence of the defendant may include vehicle computer crash data, security camera footage, CCTV footage from around the scene of the accident, dashcam footage when available, and phone records. A plaintiff and their car accident lawyer in the Redlands should also plan to interview eyewitnesses of the crash, obtain cell phone records that might help prove distracted driving or a violation of California’s law pertaining to cell phone use while driving.
A plaintiff should also expect to produce clear documentation that establishes their claimed damages. Plaintiffs may only claim compensation for damages directly resulting from the negligence claimed in their lawsuits, so it is important for plaintiffs to save copies of all of their bills, invoices, statements, and receipts resulting from a car accident.
Find Legal Representation Swiftly
It is crucial for a car accident lawsuit plaintiff to work closely with their Redlands car accident lawyer so they can accurately determine the full extent of their damages and explore every potential channel of compensation. A successful personal injury lawsuit for a car accident can lead to compensation for vehicle repair or replacement, medical expenses, lost income, pain and suffering, and more in some cases.
While proving negligence and clearly establishing your damages are essential steps for winning your car accident lawsuit, hiring the right attorney as soon as possible to represent your case is another vital step toward victory in your lawsuit. The sooner you connect with a reliable car accident lawyer in Redlands, the sooner you can start building your case. Speedy development of your lawsuit also helps you meet the two-year statute of limitations California state law places on car accident lawsuits.
Contact Peach & Weathers today to schedule a consultation with a Redlands car accident lawyer if you need to discuss a recent car accident and your options for legal recourse against a negligent driver.