Car Accidents

Getting in any kind of car accident is scary, but it can be especially when you or a loved one suffer injuries. In the aftermath of a car collision, you might be feeling stressed, worried, and unsure of your next steps. It can be incredibly intimidating dealing with insurance companies who aren’t concerned about your best interests and seem to be more worried about their costs. In such circumstances, there are dedicated personal injury attorneys who will protect your rights and help you receive the justice allowed by law.  Car accidents can vary widely and the circumstances surrounding each collision will affect whether you’re entitled to monetary damages and the amount of damages you might recover. Under the circumstances, it is usually in your best interest to consult with an experienced personal injury attorney who can help you every step of the way during your personal injury claim.

What Are the Most Common Causes of Vehicle Collisions?

Unfortunately, thousands of drivers every year are involved in a car accident. Some of these accidents are considered “high injuries impact” and result in serious or potentially life-altering injuries, while others are considered “minor injuries impact”. Minor impact collisions can still cause bodily harm in some individuals, but may not cause severe injuries in other people. No matter the severity of the accident, if you suffered injuries as a result, you could be legally entitled to monetary damages for your injuries.

Even if you are a safe driver, many accidents are due to other driver’s mistakes. Some common driving mistakes that result in car accidents that could lead to a personal injury claim include:

  • Speeding
  • Over/under turning
  • Driving under the influence of substances (like drugs or alcohol)
  • Defects/faults with vehicles
  • Construction
  • Ignoring traffic signals
  • Poor weather

There are many contributors to car accidents that are out of your control. This is why it’s important when you’re driving on the road to remain vigilant and aware of your surroundings.

Negligence in Car Accident Claims

The key to proving most personal injury cases is negligence. Negligence is when a party (usually an individual or some kind of entity) has a legal duty to exercise reasonable care for the safety and wellbeing of others, but they fail to use reasonable care. As it relates to car accidents, drivers on the road have the responsibility to operate their vehicles safely in a way that does not harm those around them. Generally, there are several factors to consider in order to prove that negligence caused a car accident. These factors are :

  1. A person’s obligation to take care of another is called Duty of Care. This means that you must prove that the other involved party had a legal obligation to you to act (or not act) in a way that would not cause harm to you or your property.
  2. A breach of duty is the type of negligence that occurs when a person or entity fails to take reasonable measures to preserve a standard of care. This means that the other party had a Duty of Care, and they breached this duty by failing to act in a way that preserved your safety.
  3. Causation is critical to linking the breach of duty to your injury and the negligent conduct of the other party. In California, a plaintiff must show that the negligent party caused or was a substantial factor in causing the injury.
  4. Finally, the amount of damages that can be claimed by an injured person depends on the nature of the accident and its effects on the victim. You must be able to prove that your damages were a result or consequence of the other party failing to act.              

In terms of a vehicle accident, other drivers on the road have a duty to operate and drive their vehicles safely. You must prove that the other driver involved in the accident breached their duty to drive safely, that their actions were a substantial factor in causing the accident, and that the accident is what led to your injuries and losses.

If You Were Involved in a Car Crash That Led to an Injury, Speak With a Personal Injury Attorney Today.

At Live Oak Injury Law Group, we know how scary it is when you or someone you love is involved in a car crash that causes an injury. Often there is added stress caused because  you may now have to miss work and you may be financially responsible for expensive medical bills that you cannot afford. In these circumstances a skilled personal injury attorney can help make sure that you are protected and help you receive the best settlement allowed by law. If you have been involved in a car accident and suffered injuries as a result, please schedule a consultation so we can assist with the process of evaluating and resolving your personal injury claim.

Skip to content