After being involved in a serious motor vehicle wreck, your entire life could be affected. Thankfully, if someone else is responsible for causing the crash, you can demand maximum compensation for your damages and suffering. However, proving liability in California car accidents is no easy feat. You may need to hire experts, work with reconstructionists, and build a powerful case against those responsible if you hope to get the most out of your case.
How to Establish Blame
Proving fault is going to be one of the most important tasks for your personal injury lawyer after taking on your case. We will need to carefully investigate the cause of the collision. Any evidence you can collect at the accident scene could prove valuable as we attempt to determine who is at fault. This might include:
Photos of surrounding property and vehicle damages
Video of the collision from your dashcam
The data from your vehicle’s black box
The names and contact information of witnesses to the accident
The car accident report number
The Burden of Proof
In criminal court, the district attorney needs to prove guilt beyond a reasonable doubt as described under California Penal Code – PEN § 1096. However, it is not the same when you are filing a car accident lawsuit in California. Instead, the burden of proof must be met based on a preponderance of the evidence per California’s Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. This means we must present evidence that is clear and convincing. It must demonstrate to the jury that the defendant is more likely than not liable for the accident and your subsequent injuries.
Common Parties to Sue in a California Car Accident Lawsuit
The way in which your accident occurred will determine who should be sued. Many motor vehicle accidents are caused by negligent driving. Some examples of reckless driving could include:
Speeding
Drunk or impaired driving
Tailgating
Distracted driving
Aggressive driving
Failure to yield
Drowsy driving
Failure to stop
Unlawful turns
Failure to check blind spots
Failure to use a turn signal
However, negligent drivers are not the only parties when it comes to California car accidents. It is possible the road conditions were too dangerous. Maybe the California Department of Transportation (Caltrans) ordered road construction work, but the work zone was not properly secured. You may have grounds to sue Caltrans or the city where the accident occurred, depending on the circumstances of your case.
You may also be able to sue vehicle parts manufacturers, designers, and distributors. If malfunctioning vehicle parts contributed to the wreck, nearly anyone involved in the chain of distribution may be held accountable. An intensive investigation should uncover the truth.
Get Help from a Respected California Car Accident Attorney Today
Though the personal injury claims process can be overwhelming, when you need to establish liability in your California car accident, consulting a top-rated automobile accident lawyer from JSM Injury Firm APC may be in your best interest. We are prepared to conduct a comprehensive investigation so we can identify those responsible and hold them accountable to the fullest extent of the law.
When you are ready to fight for maximum compensation but are unsure of where to turn for help, look no further than our legal advocates. Fill out our quick contact form or call us to schedule your free, no-obligation consultation as soon as today.
