When the term "Negligence" is used in personal injury law, it refers to the plaintiff's legal principle. Most auto accident claims and other types of personal injury lawsuits are based on this legal theory. A careless person has failed to do the permitted duty of care. It is an obligation on the part of the driver to exercise the same level of caution in the same or similar circumstances. In the context of an automobile accident claim, the duty of care generally refers to the driver's responsibility to obey traffic laws, drive carefully, and prevent automobile accidents.
Proving negligence in a car accident case requires clear and convincing evidence that the driver or other defendant violated his or her duty of care. A breach of duty is a breach of the level of care required by the circumstances. Next, the victim (or the victim's attorney) must prove that the defendant's breach of duty was the proximate or primary cause of the car accident. In other words, the conflict would not have occurred had it not been for the negligence of the accused.
Evidence of negligence is required to establish elements of an auto accident claim in California. Evidence can take the form of police accident reports, photographs and video footage, signed eyewitness statements, auto accident expert testimony, crash reconstructions, medical records, cell phone records, and commercial driver employment records. A lawyer can help you gather all the evidence to prove the defendant's negligence in a car accident case.
How does mutual negligence affect my car accident insurance claim?
Relative (both parties) negligence is usually a defense that the perpetrator of a car accident can use to try to lower the amount of a settlement or judgment. The victim also claims that he was partly responsible for the accident and that the defendant should be relieved of some liability for the damages.
In cases of both negligence in a car accident case, the amount of compensation you receive from the other driver may be reduced if relative negligence applies to you. For example, if your fault is found to be 10%, your recovery award will be reduced by a corresponding percentage.
California is a state that recognizes pure comparative negligence. This means that perpetrators can be held liable for up to 99% of car accidents and receive monetary compensation for the remaining 1%. To maximize your economic recovery, it is important to work with an attorney who can oppose comparative (relative) negligence defenses.