subject: Proving Fault in a Car Accident on Los Angeles Freeway [print this page] California news has also recorded numerous reports on car accidents at the Pacific Coast highway. The danger on the road can cause a split-second collision, injuring passengers and pedestrians.
Injuries can be traumatic brain injury, spinal cord injury, amputation, and paralysis.
Such injuries require series of medical treatment and can be expensive.
If you are injured in a car accident, you can seek remedy to pay for your expenses. One way is to file a Personal Injury lawsuit. It allows you to prove the fault of the driver who caused the accident, leading to your injuries.
You can use four levels of fault to substantiate your case:
1. Negligence- It is the careless act that causes harm or injury to another person. Every citizen has a responsibility to exercise duty of care over other people. Failure to do so constitutes a negligent act.
Some examples of negligent act:
a. traffic violations
b. Driving Under Influence (DUI)
c. impaired driving
d. texting or using cellphone while driving
In proving a negligent act, you will have to prove the following elements:
a. Duty of care of the defendant
b. The defendant failed to fulfill or exercise such duty of care
c. The defendant's behavior/conduct/action caused the accident
d. There was an available safety measure that could have prevented the accident. The danger is foreseeable within reasonable time.
2. Recklessness - It is the utter disregard for the safety or welfare of another person. Driving Under Influence (DUI) and speeding can constitute recklessness. Both driving violations can be foreseen and have reasonable measures to prevent collision or accident on the road. Speeding on hazardous speed at public places such as schools, market, and work zone can also constitute recklessness.
3. Strict liability-Hazardous road design can constitute strict liability. The Federal Tort Claims Act (FTCA) allows citizens to file a claim against the government for accidents caused by dangerous road design. It allows claims on personal injury, property damage, and wrongful death. You will need expert witness opinion to help you establish strong grounds for your claim.
4. Intentional misconduct- It is the planned action to harm or injure another person. It carries punitive damages to punish the wrongdoer.
Consult with a car accident expert, personal injury lawyer in Los Angeles to help you file the lawsuit.
Proving Fault in a Car Accident on Los Angeles Freeway
