Driver Negligence

There is nothing more stressful and confusing than being involved in an automobile collision.  You are hurt and confused, not to mention that your vehicle might be out of commission, which might seriously be affecting your ability to make a living.

The statistics can be alarming.

Los Angeles is a city of automobiles.  The number of vehicles on our highways makes it so easy to be the land of auto accidents.  It is important that drivers are careful and cautious when they go about their business on our roads, but we all know this is often not always the case in the real world.  People often do not take their road responsibilities seriously. Sometimes people are driving under the influence, or they are speeding, and disregard the laws of the road meant to keep all of us safe.  Even texting while driving can lead to a very dangerous situation.

There are rules and procedures that one must follow in California when involved in a car accident, particularly if someone has been injured.  This includes stopping immediately, exchanging information, providing assistance to the injured, and reporting the accident to the proper authorities.

Most car accidents are due to driver negligence. Negligence occurs when someone who has a duty to act with reasonable care fails to do so and causes harm to another person. A negligent person must pay for the harm he causes to another person to the extent that he is liable for the person’s losses. Each state has its own laws to determine liability.  

California divides the blame – and the responsibility for paying damages– by using “pure comparative negligence”. This means that recovery for damages will be reduced by the percentage of fault attributable to them. This situation is often referred to as “apportionment of fault” or “allocation fault.”   This means that each person in the accident is liable for their portion of the fault. This means that if you are found to be at 20 percent at fault because you did not signal properly and the damages come out to $10,000, you will recover $8,000 in total.

California requires a driver to maintain auto insurance, so there is a good chance you will be dealing with an insurance company in order to recover for your injury.  The insurance adjusters are savvy and know how to work in the best interest of the insurance company. The laws and regulations can be very confusing for the average person.  Many times people are tempted to settle for an amount that does not meet their needs because they are frustrated with the process. Insurance companies can also deny your claim outright as well.

This is one of the reasons that it is important to have a lawyer on your side that has the experience and knowledge to take on the insurance companies.  These attorneys will protect your rights and make sure you get a fair settlement that will help with the pain and suffering brought on by the accident.

Contact the attorneys at the Los Angeles Injury Group today to receive some of the best legal representation in the City of Los Angeles.  The consultation is free and it could give you the peace of mind you need to get through these stressful times.

Sources:

http://publichealth.lacounty.gov/ivpp/pdf_reports/MVT%20Data%20Resources%20Handout%20v2.pdf

https://www.ncbi.nlm.nih.gov/pubmed/10922350

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