Car accidents can result in a variety of injuries. Some injuries are minor, while others are more severe. Regardless of the severity of injury, the victim is entitled to compensation. The lawyers at Bennett Johnson, LLP in Oakland, CA, have over 40 years of experience documenting and determining liability in a car accident and will work diligently to make sure you receive full and fair compensation for your injuries.
Determination of Liability in a Car Accident Helps Maximize Recovery
Being involved in a motor vehicle accident can result in broken bones, internal injuries, head trauma, and many other minor to severe injuries. Victims of car accidents are entitled, by law, to be fully compensated for injuries caused by another. Establishing liability for the accident is essential if maximum recovery is to be obtained. When calculating the amount to which you are entitled, our lawyers will consider factors such as:
- Obtaining damages for time off work or lost wages.
- Making sure all injuries are fully treated, or providing ongoing care if the injury cannot be fully treated.
- Determining whether there are any psychological effects that require treatment through therapy or counseling.
- Differentiating between bodily injuries and property damage injury.
- Making sure medication and rehabilitative services are part of the compensation.
Types of Liability For California Car Accidents
Liability for a car wreck in California depends on the circumstances of the incident. This could mean that liability can be limited, depending on the degree to which the liable party was actually at fault. This is seen when the driver being charged with liability for the accident claims the other driver was partially at fault. If any comparative negligence is found, the drivers will each bear liability for their percentage of fault.
In order to get to the bottom of the case, it is important to enlist the help of an experienced personal injury attorney who knows what types of interviews to conduct and what pieces of evidence will shed light on how the accident occurred.
Liability can also be limited if the owner of the car was not driving at the time of the accident. It is not unusual for people to allow others to drive their vehicle. When that happens and an accident takes place, the owner of the car may only be liable for some of the damages.
Ways to Establish Liability for A Car Accident
Establishing liability for a car accident allows the victim to seek compensation for injuries sustained during the wreck. An experienced car accident attorney can establish liability by:
- Interviewing witnesses and documenting the witness’ account of how the accident happened.
- Reviewing the police report and asking the officer on the scene to corroborate the details of the report, or give additional data not contained in the report.
- Taking the deposition of all parties involved, or sending written discovery to get a clear picture of what transpired before, during, and after the accident.
- Determining whether extenuating circumstances, such as road construction or distracted driving, played a part in the accident.
- Analyzing the laws regarding the rules of the road and making a finding as to whether those rules were followed. Disregard of traffic laws is a good indicator of liability in a car accident.
The Importance of Hiring a Personal Injury Lawyer to Establish Liability in a Car Accident
Most car accidents involve both (or multiple) drivers denying liability. In order to get to the bottom of the case, it is important to enlist the help of an experienced personal injury attorney who knows what types of interviews to conduct and what pieces of evidence will shed light on how the accident occurred. Once all of the evidence is gathered, a clear case can be made for liability, and a demand for damages presented.
Contact Our Office for More Information
The team of personal injury attorneys at Bennett Johnson, LLP knows how to look at the specific facts of your car accident case, and will let you know what is needed to move forward with a request for compensation. For more information, contact us online or call our office at (530) 413-0245 today.