Los Angeles has earned the reputation as not only the city with the work traffic congestion in the world but also a city with reportedly some of the worst drivers in the world. There are thousands of car accidents reported in Los Angeles every year, many of which leave those involved with serious injuries.
The majority of these car accidents are caused by the negligence of an involved party. At the law office of El Dabe Ritter Trial Lawyers, our Los Angeles car accident negligence attorneys can help you to understand negligence, prove the negligence of the party responsible for your accident and injuries, and recover your full compensation award. Call us today to learn more about how we can help.
What Is Negligence?
Negligence is defined by the Legal Information Institute of Cornell University Law School as the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” As it pertains to a car accident, drivers owe a duty of care to others on the road to operate their vehicles safely and responsibly; dangerous actions like texting while driving, speeding, running a red light, or driving aggressively are a breach of this duty of care and are therefore negligent.
A person may also be guilty of negligence per se, which is negligence due to the violation of a law, code, or statute. For example, attending to a passenger in the car rather than paying attention to the road is just negligent, but driving above the posted speed limit is negligence per se.
How Does Negligence Affect a Car Accident Claim?
Negligence is important following a Los Angeles car accident because negligent drivers are responsible for the damages that they cause to others – California is an at-fault car insurance state. This means that if you are in a crash caused by a negligent driver, you may file a claim against their liability insurance policy, or file a claim directly against the at-fault driver.
A Review of Comparative Negligence
California also recognizes the rule of comparative negligence, which holds that a plaintiff’s recoverable damages award can be reduced in proportion to their degree of fault. Note that the comparative negligence rule does not bar the plaintiff from recovery if they contributed to their accident.
How to Prove Negligence
In order to prove negligence, you must collect evidence that shows that the at-fault driver somehow breached the duty of care owed to you and that your accident and injuries would not have resulted but for this breach. Evidence necessary might include accident reconstruction data, vehicle control module data, witness testimony, traffic cam data, police report evidence, and more.
Start the Claims Process Today
Most car accidents would never occur but for negligence. If you’ve been in a crash that you believe was caused by the negligence of another party, reach out to our Los Angeles car accident negligence lawyers at the firm of El Dabe Ritter Trial Lawyers today to learn how e can guide you through your options and help you to build your case. Consultations with our lawyers are offered free of charge.