Proving Negligence in an Auto Accident Injury Case

In California, auto accidents are among the leading causes of serious injuries. After a crash, numerous victims suffer medical bills, lost income, emotional distress and permanent health damage. To recover damages for these injuries, an injury victim must establish more than just the fact that they're hurt; they must be able to prove someone else was negligent.

At Beverly Hills Injury Firm, we make a point to assist with harmed survivors figuring out who was to blame for delivering their physical issue and ensuring their privileges, and then seeking after the most extreme repayment that is accessible. Today, we provide you with a more comprehensive guide on how to prove negligence in an auto accident injury case so that you can be armed with all the relevant evidence when you step into your consultation.

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Auto Accident Negligence

Negligence is a term in law that describes someone’s careless behavior. In the case of an auto accident, this usually indicates that a driver did not perform according to traffic laws or operate in a safe manner. Common forms of negligent driving include the following:

Speeding

Failure to stop at red lights or stop signs

Distracted driving (e.g., texting)

Driving under the influence

Failing to yield

Unsafe lane changes or turns

Getting injured in an accident that was caused due to the negligence of someone else is already a difficult situation itself, without also being worried about other factors such as classifying whether or not the error in judgment on their part could ever be proved.

The Four Elements of Negligence

In order to win an auto accident injury claim, your legal team will need to prove the four necessary elements of negligence:

Duty of Care: California law impose a legal duty of care upon all drivers. This could be anything from driving safely and obeying speed limits and traffic signals to taking reasonable care not to cause Injury.

Breach of Duty: Drivers breach this duty all the time. If an injury caused by a standard of care violation, such as texting while driving, failure to signal, or driving while fatigued.

Causation: It means that the other driver was negligent and that their negligence directly caused the accident. This is the step that establishes how said negligence caused your injuries, typically through evidence such as surveillance, expert opinion or accident reconstruction.

Damages: And last, you have to prove that the accident caused some real damages. These may include:
Medical bills, Emergency room visits, Rehabilitation and physical therapy, Loss of Earnings or Diminished Income, Pain and suffering, and Property damage.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

Evidence To Prove Negligence

To have a successful injury claim, you need evidence that is insurmountable and well organized. The best proofs to use are:

Police Reports: A formal record of the accident, including who got a ticket and who was at fault.
Pictures and video: Photos of vehicular damage, injuries, skid marks, traffic signs or any debris fields.

Witness Statements: Testimony from bystander witnesses, passengers, or other drivers.

Medical Records: Proof of the Diagnosis, Treatment, and Prognosis Over Time

Surveillance/Dash Cam Footage: (Real Time): Probably the best real-time proof.

Personal injury expert witnesses to help explain complex facts in court, such as accident reconstruction specialists or medical experts. The stronger the evidence, the more bargaining power it will give your attorney for discussions or display at trial.

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So what if You Were Partly to Blame?

The state of California operates under a rule called pure comparative negligence. This is what it means when we say you can file claims no matter how at fault you were for the accident, but your settlement will be reduced based on your percentage of fault.

So if you are awarded $100,000 but determined to be 20% at fault, then your recovery will be diminished to $80,000. This is precisely why establishing the fault of the other party as being greater is so crucial.

Importance of a Lawyer in Using Negligence

Insurance companies go to great lengths to reduce or reject legitimate claims. They may attempt to mug you off, minimize your claimed injuries or try and influence an undervaluation of your claim. The best way to approach this is with a professional lawyer by your side who knows the law inside and out.
Our punitive damages lawyers at Beverly Hills Injury Firm are here to:

Conduct in-depth investigations

Help you preserve critical evidence.

Deal with insurance companies for you

Consult with expert witnesses

Prepare a winning legal strategy

Advocate for Your Maximum Financial Damages

Lowball offers are not our style. We seek the maximum compensation provided by California law. Do not delay! Protect your legal rights and speak with a Philadelphia attorney today.

For most auto accident injury claims in California, there is a two year statute of limitations from the date of an accident. That said, certain claims (especially those concerning governmental vehicles) can have significantly quicker low deadlines.
Do Not delay seeking help if you are injured, If you take action sooner, you have the best opportunity to gather evidence, get witness statements, and build a solid case.
Schedule Your Free Consultation Today

At Beverly Hills Injury Firm we are ready to fight for you. If you have been injured by a car accident, we can assist you in proving negligence on the part of the offending party as well as pursuing every dollar to which you are entitled.

Call us today so we can get your rights protected while you concentrate on healing.

We offer free consultations

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We offer free consultations

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SCHEDULE A FREE CONSULTATION TODAY!

Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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