It may not be uncommon for people to ask about the celebrated cases of car accidents in California that have devastated the lives of many passengers, pedestrians, and drivers who never thought that things would end up not according to what they have thoughtfully expected. This is not a strange scenario for, according to the Safety Administration, at least six persons are involved in such accident every minute in the United States.
Nonetheless, the data seem to have no threat for negligent drivers who are continually committing grave errors along the road; they are identified as one of the major causes of fatal accidents. Thus, as a solution therefor, the state’s personal injury law provides that a driver, when proven to be the proximate cause, should be liable for all the injuries and/or damages of the victims. The reason why it should be stressed that this provision must serve as a warning for drivers to be very cautious when driving, otherwise, the law would take vengeance for their unfortunate victims.
Specifically, the victims may file a claim for compensation for either the death of a relative or the injuries and damages they have incurred from the accident. It should be noted, however, that for a victim to successfully acquire the claim, he still must prove the following requisites needed thereof:
- Driver’s Failure – it simply means that the victim should undoubtedly prove that the driver had failed to exercise due care in driving. The failure might have been manifested by the aggravating circumstances during the accident such as the violation of traffic rules. In this case, therefore, it is necessary for the victim to have strong evidences gathered after the accident so as to support his allegations.
- Negligence as the Main Cause – this factor is likewise necessary for a victim to prove, otherwise, his claim will be rejected. It is so because the liability law requires that in order for the claim for compensation to be granted, the victim should have a reason or probable cause to justify his claim.
- Injuries are the Result of Accident – when the injury of the victim was not a result of the accident; hence, it was just a consequence of his own fault, then he really has no right to file such claim for compensation. Thus, after an accident, it is gravely needed for the victim to have himself medically examined and gather relevant evidences so he could have proofs to present in court when the situation so gravely requires.
By no reason, nevertheless, should a victim file the claim for injuries on his own, or without being legally assisted. At this critical stage, certainly, that he should hire an accident or a personal injury attorney that could not just guide him, but could also fight for his claim.
The litigation might take a long time for the said claim is civil in nature, which means that preponderance of evidence is the main criterion of the judgment of the court. It does not denote, however, that a victim is limited only in filing a civil case; he could also file a separate criminal lawsuit if he desires to do so. If initiated, the court may suspend the former to decide first for the latter. This is so because, commonly, the verdict in criminal case is needed to decide for the matters being taken in the compensation claim.
Presumably, the victim could utilize a wise defense to protect his rights and employ a strategic offense to win his claim for compensation. This can be rightfully achieved with a competent attorney who could vow for victory without breaking the promise for success.
If you’re involved in a car accident, you can certainly do something about it. Contact us!
