Did you know that when it comes to car accidents, there is a legal standard? In California, the legal standard in a car accident lawsuit is negligence. This means that you must prove that the other driver was careless or negligent in causing the accident. If you can do this, you may be able to recover compensation for your losses and damages from them.
However, proving negligence can sometimes be difficult because it’s not always obvious who is at fault for an accident. In this blog post, our California car accident attorneys will discuss what evidence to gather and how to present your case so that it has a high probability of success.
What Evidence Must Be Presented to Prove Negligence?
In order to establish negligence, the plaintiff must present evidence that the defendant failed to meet a duty of care. This duty of care is determined by examining the relationship between the parties, as well as the foreseeability of harm. Generally, defendants are liable for any foreseeable injuries that occur as a result of their actions or inactions.
To prove negligence, the plaintiff must typically present the following types of evidence:
- The defendant owed a duty of care to the plaintiff
- The defendant breached this duty of care
- The breach was the direct and proximate cause of the plaintiff’s injuries
- The plaintiff suffered damages as a result
If you have been injured in a car accident because someone was negligent, then it is important to know what evidence must be presented. The evidence that is needed to prove negligence usually includes the following:
- The injured person’s medical records
- Witness statements
- Police reports
- Photos of the accident scene
- Expert testimony
- Medical bills
- property damage bills
With this evidence, your personal injury attorney will attempt to prove that the other driver was negligent and responsible for your injuries.
What are Some of the Most Common Defenses Used by Defendants in Car Accident Lawsuits in California?
The two most common defenses used by defendants in car accident lawsuits compensation claims are comparative negligence and the seatbelt defense.
Comparative negligence: This defense is used if the defendant claims that the plaintiff’s actions were partially to blame for their own injuries. For example, a driver who was speeding could have his/her compensation claim reduced by how much he or she contributed to being involved in the accident.
The seat belt defense: this is a legal argument that attempts to exonerate the defendant of liability by placing blame on the victim. The theory behind the seat belt defense is that, if the victim had been wearing a seat belt, they would not have suffered any injuries in the accident. This argument can be used in both personal injury and wrongful death lawsuits.
There may be other defenses available to defendants in car accident lawsuits, but these three are the most common.
What Are the Time Limits for Filing a Car Accident Lawsuit in California?
In California, the statute of limitations for car accident lawsuits is two years. This means that you have two years from the date of the car accident to file a lawsuit against the other driver. If you do not file a lawsuit within this time limit, you will likely lose your right to sue.
There are some exceptions to this rule, however. If the other driver was acting recklessly or if you were injured severely, you may have more time to file a lawsuit. It is important to speak with an attorney to determine whether you have a valid claim and what the specific time limits are in your case.
Talk to a Personal Injury Attorney
If you have been injured in an accident and are considering filing a lawsuit, it is important to speak with an experienced personal injury attorney who can advise you of your legal rights. The earlier you get in touch with an attorney, the better it is for building a strong case that can help you obtain financial compensation for all of your injuries, damages, and other losses.