Determining Fault in a Car Accident: A Lawyer’s Perspective
April 26, 2024We all strive to drive responsibly, but even taking all necessary precautions, it is not always possible to prepare for the unexpected. The reality is that a car accident can happen instantaneously, taking you completely by surprise. In a split second, you may be trading in your sweet ride for an ambulance ride.
A car accident victim deserves to have medical expenses, lost income, and vehicle damage paid for by the at-fault driver. Our Santa Barbara car accident lawyers are available to provide the aggressive representation you need during this challenging time.
Proving Negligence
Negligence is the failure to use the level of care that is expected of any person of reasonable intelligence in the same situation.
To establish that another party was negligent, the following elements must be satisfied:
Duty of Care
Duty of care is a person’s legal obligation to maintain a certain level of care to avoid harming others. When operating a motor vehicle, we all have a duty to follow traffic laws to keep other road users safe. All drivers must stop at red lights, stop signs, follow the posted speed limits, and yield to those drivers who have the right-of-way.
Breach of Duty
A breach of duty occurs when an individual fails to meet the expected duty of care. A common car accident scenario is a driver running a red light. In this case, the wrongful party has failed to follow the rules of the road, putting others’ lives at risk.
Causation
Causation links the accountable driver’s actions to your injuries and losses. To win a negligence claim, you must demonstrate that (1) the other driver’s actions set off a chain of events that caused the accident (cause-in-fact) and (2) it was foreseeable that your injuries would be caused by the other driver’s behavior (legal cause). For a plaintiff to win a personal injury claim, both types of causation need to be proved.
Damages
To recover compensation, you must demonstrate that you suffered measurable losses as a result of the accident. Damages can be in the form of lost income, lost earning capacity, medical bills, vehicle damage, or pain and suffering.
Evidence Establishing Liability
While insurance adjusters will conduct their own investigation to determine which driver is at fault, lawyers will conduct their own due diligence.
Evidence following a car accident will likely include:
Photographs
A car accident victim will only recall a certain amount of information regarding the incident. A car accident lawyer will search for any photos and videos to fill in any missing gaps. If you took photographs of the damage to your vehicle, your injuries, tire tracks, and the intersection itself, this could shed light on further details.
Videos
With technology at our fingertips, it is possible that a person has footage of the accident unfolding. In recent years, dashcams have become more popular, with people installing these video recorders on their front windshields and dashboards. It may even be possible that a third party or bystander recorded footage of the crash on a cellphone.
Witness Testimony
If a bystander clearly saw the event, you will want to get their contact information to have them testify at a later date. An impartial party can describe what they saw and heard and provide information that can be invaluable to your case.
Experienced Car Accident Lawyers Serving Santa Barbara, CA
If you or a loved one has suffered an injury in a car accident, you need representation that you can count on. When you hire Bamieh & De Smeth, PLC, you are hiring a firm that will go the extra mile to obtain the compensation you deserve. To schedule your free case evaluation, contact the office today online or by calling (805) 643-5555.