Legal ramifications for a car accident depends on facts of an accident. For instance, a driver may get a ticket for not obeying West Hollywood traffic laws and causing a car accident. The most common legal ramification is a civil lawsuit. A civil lawsuit occurs when a driver has to sue the wrongful party for causing the accident. It may be easy to determine the other driver was at fault. However, the court still needs proof. The legal term for proof is liability. A plaintiff suing a defendant for damages that result in a car accident must prove the other party was liable.
Many West Hollywood car accidents involve negligence. If you or your loved one was involved in a car accident while traveling around WeHo, contact us. We will investigate your car accident and determine how to get the money you need.
Determining Fault in a Car Accident
Negligence is typically at the heart of many car accidents in WeHo. Negligence is refers to a driver operating a motor vehicle in a careless or thoughtless manner and causing an accident. Every California driver has a duty to protect pedestrians, passengers and other drivers while operating a motor vehicle. This is the duty to act as every other driver and not cause an accident and/or harm to other people while driving.
Types of Duty Every Driver has in California:
A driver must be reasonable careful and not cause a car accident. Examples of reasonable care for a driver include:
• Operating a motor vehicle at a reasonable speed. This means not speeding while driving.
• Not drinking and driving. There are serious legal ramifications for operating a motor vehicle after drinking alcohol and/ or drugs.
• Being vigilant. Vigilance means being alert while driving and looking out for pedestrians, other vehicles and various road hazards.
• Using and maintaining car’s equipment. All drivers are expected to maintain their vehicles in a safe and working order.
Proving Negligence in a West Hollywood Car Accident
The court expects a plaintiff to prove negligence step-by-step to win their claim. These steps are:
1. The defendant had a duty to act as any other California driver in the same and/ or similar circumstances and not cause harm to anyone
2. The defendant violated that duty by causing the car accident
3. The car accident led to the plaintiff’s injuries and/ or property damage
4. The plaintiff suffered damages because of the defendant’s duty violation
If driver negligence wasn’t the cause of your car accident, let us know. Another driver can still be at fault. For instance, they could have intentionally acted with reckless or wanton conduct. This means the driver intentionally showed a willful disregard for your safety and welfare while operating their motor vehicle. Speeding or reckless driving are examples of reckless or wanton conduct. Strict liability may also be a factor. A manufacturer of the driver’s car or the driver not following a specific statute are examples of strict liability. If you’ve been in a car accident, we are ready to fight on your behalf.
Car Accident Damages
In a successful claim, a plaintiff is entitled to compensation for damages suffered in the car accident. Damages include:
• Past, current and future medical bills for their car-accident injuries
• Property damage
• Lost wages or earning capacity
What to Do After a WeHo Car Accident
Immediately following a car accident, it’s vital to:
• Stay at the scene and not leave the accident
• Check on all drivers and any passengers or pedestrians involved in the accident
• Call police
• Exchange personal information with the other drivers and any witnesses
• Take as many pictures as possible for the vehicle damage, accident scene and injuries
• Seek medical attention
• Talk to the insurance company
• Get a valuation of all property damage
• Be careful about what information you share with the other party, their insurance company or their lawyer. They aren’t being friendly, they’re looking to use the information against you.
• Don’t immediately accept settlement offers. The other party usually offers a settlement to avoid a lawsuit. The settlement may not be fair and cover all damages. Once a settlement offer is accepted, all rights to sue are gone. You are stuck paying for the rest of the damages.
• Hire a lawyer
Why Hire a West Hollywood Car Accident Lawyer?
Regardless of fault, car accidents result in injuries and property damage. You want compensation. The other party doesn’t want to pay you. They have lawyers on their side making it difficult for you to pay your bills and/or repair your vehicle by giving you the round around. Having legal representation gives you peace of mind that you are getting the compensation you deserve.
If you’ve been involved in a car accident in West Hollywood, contact us. We’ll negotiate with the other party while filing a lawsuit in case negotiations end. We’ll be with you from the start to finish of your claim. You were driving and obeying all traffic rules. You shouldn’t be punished for other driver’s negligence. Contact us today.