The law states that anyone who has been injured at the hands of another neglectful person is entitled to receive compensation for any damages incurred by the other person's negligence. However, determining liability is a more difficult task than it may seem—even in apparently simple cases. If you are looking to file an injury claim, you should first take a moment to learn some basics about California liability law. Once you know the fundamentals, you should enlist a
Fresno personal injury attorney to represent you in your case.
Liability is Difficult to Determine
It is often assumed that in most rear-end automobile collisions, the driver in the rear is usually to blame. Alas, there can be several explanations for such a "straightforward" accident. For one, the rear driver's brakes might have failed, despite a recent tune-up at the shop. Mechanical malfunctions cause many accidents a year, and it is nearly impossible to predict when a car part will suddenly stop working. Another explanation may be that the front automobile abruptly merged into the lane and then come to a sudden halt, leaving the rear driver with little time to respond. A third car could also have bumped into the rear car from behind, causing it to lurch forward and hit the front vehicle.
As this scenario demonstrates, proving fault in an accident such as this can be a complex process, which is why it is best to consult with a professional accident attorney who is familiar with liability litigation. Accident attorneys in Fresno have tools and resources at their disposal, such as expert investigators, that allow them to get to the bottom of accident cases and determine liability.
Understanding California Comparative Negligence Law
Negligence laws in California are undoubtedly complicated. However, a key characteristic of Californian negligence law that may be relevant to you is the concept of comparative negligence. Comparative negligence law states that more than one party can be held responsible for any given accident. This means that it is possible that no one party must be 100% liable for causing an accident. Thus, in the scenario above, both the driver in the front vehicle and the driver in the rear may share responsibility for the accident—the front driver may have cut the rear driver off, and the rear driver may have stepped on his or her brakes unreasonably late in response. In court, a judge or jury decides the degree to which each party is liable for an accident.
Under this system, if a court decides that more than one party is at fault for an accident, an injured victim can seek damages even though he or she may have partially contributed to the cause of the accident. Therefore, the rear driver could owe the front driver compensation and vice versa.
How a Fresno Accident Lawyer Can Help
Because liability is such a complex topic, anyone who has been injured in an accident of any kind should speak with a Fresno accident attorney immediately to find out whether he or she is eligible to collect compensation for any injuries, pain, or suffering incurred by an accident. Fresno personal injury lawyers from our firm, the
Pacific Attorney Group, are well-equipped to handle these types of cases.
Contact us today to speak with a professional and respected lawyer who can help you file an injury claim and seek the compensation you deserve.