- How do I know if a motorcycle helmet is acceptable under my state’s helmet law?
- In a case with multiple heirs, how are damages divided?
- Will My Health Insurance Coverage or Paid Sick Leave from Work Limit My Recovery For My Motorcycle accident?
- Is There Anyone Other Than the Drivers and Passengers Involved in a Motor Vehicle Collision That I Could Sue for My Damages?
- Will My Attorney Need To Retain Experts To Prove Liability And Damages Even Though My Injury Is So Obvious?
- Who can sue for an amputation injury?
Escondido Car Accident Lawyers
- October 1, 2016
Protect Your Legal Rights by Retaining Escondido Car Accident Lawyers
If you are an individual who has experienced injuries in a car accident in or around Escondido, you need to educate yourself on the different ways in which Escondido car accident lawyers can help victims of car accidents caused by someone else’s negligence.
Building a Case
There are specific legal requirements that must be met in order to prevail in a car accident personal injury case. You must demonstrate that the other driver not only had what legally is known as a duty of car, but that the duty of care was breached, and legally caused your injuries.
A duty of care is the easiest part of what is involved in laying the foundation in a personal injury case. A driver of a motor vehicle on California roadways has the duty to drive in a reasonably safe manner, considering the prevailing circumstances at the time. In other words, a driver needs to be more vigilant in inclement weather than is the case on a clear day.
The next step in building a personal injury case based on a car accident is a demonstration that a driver breached a duty of care. For example, if a driver is texting while driving and a collision ensues, texting would be considered a breach of that duty of care.
Finally, the breach of the duty of care must be what legally is called the proximate cause of the accident. Returning to the texting and driving example, if the inattentive driver rear-ends you car and you suffer whiplash, proximate cause would be said to exist. It is reasonably foreseeable that texting while driving could result in this type of incident.
On the other hand, if someone looking out the window of a building witnesses the accident and has a heart attack as a result, texting and driving likely could not be established as being the proximate cause of the heart attack sustained by a witness fairly far off from the accident scene and in a building. A texting driver could not reasonably foresee this type of consequence from using a mobile device in this manner while driving.
Although this may all appear to be pretty cut and dry, it is not. Establishing liability in this manner in a personal injury case following a car accident can be a highly complicated process. This is a prime example of where a trained, experienced personal injury attorney is of invaluable assistance to you if you are injured in a car accident case.
Dealing with an Insurance Company
An automobile insurance company is in business to make money for its shareholders. It does not exist to ensure that you get the compensation to which you are entitled following a car accident.
Because of this reality, an insurance company will oftentimes do whatever it possibly can to delay paying you compensation and to avoid paying you an appropriate amount of compensation. As a result, this represents another area when a car accident attorney can be vital to you.
An experienced car accident lawyer knows the drill when it comes to taking on an insurance company. A skilled attorney understands the claims process, including how to take on even the largest, most obstinate of automobile insurance companies.
Filing a Lawsuit
A personal injury lawsuit, arising out of injuries sustained in a car accident, is complicated. One misstep and the entire case can end up thrown out of court. Missteps understandably happen time and again when a person tries to go it alone and without legal representation in a personal injury case.
An experienced attorney, like a member of the legal team at the El Dabe Law Firm, has the wherewithal and skill necessary to effectively maneuver through even the most complicated car accident lawsuit. The El Dabe Law Firm will schedule an initial consultation with you to discuss the facts and circumstances of your case. The firm does not charge a fee for an initial meeting between you and a car accident lawyer. An appointment can be scheduled at your convenience.