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Liability After a Car Accident

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Posted: 2nd February 2023 by
Lawyer Monthly
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Every year, close to 200,000 people are hurt as a result of car crashes that occur in the state of California.

Should you be unfortunate enough to be involved in one of these accidents, you must understand your legal rights. 

Reaching out to a skilled Orange County car accident lawyer as soon as possible after your crash can help to ensure you can get justice. By acting quickly, your lawyer will help you to identify the liable parties and take legal action against them.

Recovering Compensation from the Liable Party

After being involved in a car accident, you may be able to file a personal injury case against the responsible party. This type of legal action can provide you with financial relief for various damages that you face. Some of the damages that you can recover compensation for include:

  • Lost wages or lost earnings, depending on the extent of your injuries.
  • Medical expenses, both for immediate needs and long-term care costs. 
  • The cost to repair your vehicle.
  • Pain and suffering and mental anguish.
  • Loss of enjoyment of life.
  • Loss of consortium.
  • And more.

To recover compensation for your damages, you will need to be able to identify who is liable. A car accident lawyer in Orange County will be able to help you determine the cause of the crash and take legal action against the responsible party.

Getting Help Identifying Who is Liable

After a vehicle accident, a knowledgeable lawyer will be able to help you identify who is liable for your accident. This involves a thorough investigation surrounding what took place. Your attorney will seek the assistance of an expert reconstructionist, who will be able to recreate the crash to show what occurred and what factors led to the accident. Other evidence that your attorney will use to determine liability after your accident includes:

  • Statements provided by anyone who witnessed the accident.
  • The police report from the responding law enforcement agency.
  • Pictures and videos of the scene of the accident.
  • Any available surveillance footage of the crash.
  • Any available dash cams that show footage of the accident.

Your attorney will thoroughly analyze the information that is provided to them to determine fault. You must understand that liability can be shared between parties, which can impact your ability to recover compensation. 

Pure Comparative Negligence in California

There are instances where you may also share fault for the accident. In California, the pure comparative negligence doctrine is used to determine how damages are awarded in a crash. If you are personally liable for the accident taking place, the amount of compensation that you recover will be reduced by the percentage that is equal to the amount of fault you share. However, it is important to know that even if you are 99%, California law still allows you to pursue compensation for your damages.

You must reach out to an orange County car accident lawyer as soon as possible to determine who is at fault for your accident and take legal action against the liable party. Having a strong legal team can help you recover the maximum amount of compensation possible.

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