PROVING NEGLIGENCE
IN CAR ACCIDENTS
Most Californians spend at least some time behind the wheel of a car on a regular basis. Cars and trucks are a fundamental part of our daily lives, yet they can be the source of incredible difficulty if you are involved in an accident. A car crash can lead to significant injuries and property damage, leaving you feeling overwhelmed at the prospect of getting your life back on track after an accident.
At the Winter Law Group, we have personal experience recovering from injuries, which is demonstrated in the compassion we show to each and every one of our clients. We give straightforward legal advice designed to help our clients understand their legal rights and options and aggressively pursue cases to help our clients achieve the best possible recovery for their losses. We offer free initial consultations, and we never charge a fee unless we recover money for our clients.
HOW A CASE CAN BE PROVEN
Most California car accident cases involve a driver who was negligent or careless. Negligence is a legal term that means that a person has violated his or her duty to use reasonable care in a particular situation.
To prove negligence, a plaintiff must establish these four elements:
Duty: the legal obligation to act in a certain way, such as to prevent harm
Breach: a violation of a legal duty
Causation: the violation or breach must have caused a person’s injuries
Damages: the harm suffered by the injured person.
In car accident cases, it is relatively easy to show that a person had a duty, as it is implicit in the right to drive that you are required to act reasonably so as not to harm other people or property. A breach of that duty can be shown by demonstrating that the person did not act the way that a reasonable driver would act in a similar situation. For example, a reasonable driver would not text and drive, drive while under the influence of alcohol or drugs, or fail to look before pulling out onto a street. Sometimes, a violation of a driving law can be evidence that a person breached his duty of care.
Next, the plaintiff must show that this breach is what caused his or her injuries and that the injuries are a reasonably foreseeable consequence of the breach. A person who texts and drives can reasonably expect that her actions may cause an accident, but it may not be reasonable to expect that the accident would knock out power for an entire city block, leading to a person being unable to see and falling down a dark stairwell. The person who was injured in the accident could likely recover against the driver, but not the person who fell down the stairwell.
Finally, the plaintiff must prove that he or she suffered damages as a result of the other party’s breach. This could come in the form of medical bills, lost wages, pain and suffering, and many other types of damages. It is up to the plaintiff to establish what he or she has lost or suffered as a result of the accident. An experienced Fresno car accident attorney, such as the lawyers of the Winter Law Group, can evaluate your case to put together a comprehensive claim for damages.
WORK WITH EXPERIENCED CAR ACCIDENT ATTORNEYS IN FRESNO
The Winter Law Group represents clients in Fresno and the greater Central Valley who have been injured in all types of car accidents. We offer highly skilled legal representation combined with compassion and personal service. We provide straightforward legal advice to help our clients make the best decision on how to move forward with their car accident cases. Contact our office today to learn more about how we can help you with your case.