Negligence in Car Accident Cases

Each year, approximately 6 million motor vehicle accidents occur, resulting in 3.8 million emergency room (ER) visits to treat these injuries. A car accident can result in severe injuries, including head injuries, spinal cord injuries, and abdominal organ damage. The physical toll may not be completely reversible, causing the victim to suffer lifelong pain. 

At Bamieh & De Smeth, PLC, we believe that the at-fault driver should be held accountable for their actions. Your physical, financial, and emotional losses are compensable, which is why our car accident lawyers in California are dedicated to fighting for maximum compensation on your behalf.

Proving Liability in Car Accident Cases

Personal injury cases are based on negligence. An individual will be found negligent when they fail to adhere to their legal obligations, causing injury to another person.

In a car accident case, negligence can be broken down into four elements:

• Duty of care: Each driver has a duty to follow the road rules and ensure the safety of others.
• Breach of duty: Either through an act or omission, the other driver failed to fulfill the duty of care owed to you.
• Causation: The other driver’s actions are the direct cause of your injuries.
• Damages: As a result of the accident, you suffered lost wages, medical expenses, and other compensable losses.

Evidence to Establish Negligence

Proving the other driver’s liability requires strong evidence. Whereas it may not be possible to have a video of the accident itself, other evidence may establish the other driver’s fault.

Common examples of evidence in car accident cases include:

• Photographs of vehicle debris or the final resting position of the vehicles.
• Testimony of bystanders, drivers, or passengers in other vehicles.
• Cell phone records, which can show if the other driver was on a call during the time of the accident.
• Expert witness statement, who can provide insight into various elements related to the crash. California Evidence Code §720 allows a person with “special knowledge, skill, experience, training, or education” to serve as an expert witness. In car accident cases, an accident reconstruction expert may provide their expert opinion on why they believe an accident occurred.
• A police report, which will provide a police officer’s perspective on who they believe caused the crash.

Evidence to Establish Damages

Other types of evidence will demonstrate the extent of your losses, allowing you to recover damages. These may include:

• Your medical records, which will demonstrate the extent and severity of your injuries. These may include a physician’s notes, medical imaging, laboratory testing, and discharge paperwork.
• Pay stubs, which will show your wages both before and after the accident. If the crash limits your ability to work, you will be able to claim lost wages.
• Mechanical reports and invoices, which detail the damage to your vehicle and the associated repair costs.

Car Accident Attorneys Seeking Justice for Serious Injuries

A motorist who behaves carelessly can cause both financial and emotional losses. While financial losses, such as lost wages, medical expenses, and vehicle repairs, can be easily quantified, emotional or noneconomic damages are just as important. At Bamieh & De Smeth, PLC, our car accident attorneys in California adamantly fight for your rights. We work to obtain non-economic damages for accident victims, allowing them to recoup for emotional distress, mental anguish, and loss of companionship. To arrange your complimentary consultation, please contact us online or call today.