Alameda Car Accident Lawyer
Driving is a necessity for many people. They need to drive to get to work, school, or otherwise. While public transportation can work for some people, it’s more effective and convenient to drive for others. When people get behind the wheel, they’re focused on their destination, not on whether they will get into a life-altering accident. Unfortunately, car accidents are far too common and can have dire consequences for everyone involved.
Proving Negligence in an Alameda Car Accident
Most personal injury claims hinge on the plaintiff’s (the person filing the claim) ability to prove the other party negligent. The plaintiff can prove the defendant (the person the claim is being filed against) is at fault by proving these four elements.
Duty of Care
Duty of care is a legal term used to describe the legal responsibility of every individual to act with reasonable care not to cause harm to others. For instance, drivers, pedestrians, bikers, truck drivers, and others who may be on the road owe one another a legal duty to act with reasonable care. This legal standard exists to hold people accountable for their actions in the event they harm someone else.
Breach of Duty
A person or entity breaches their duty of care when they fail to act with reasonable care to prevent harm. The plaintiff must prove that the defendant was breaching their duty of care at the time of the accident.
The plaintiff must establish that the defendant’s breach is the direct or approximate cause for their injuries and other damages.
Damages refer to the monetary compensation that a plaintiff may recover from a personal injury claim. Damages typically include, medical expenses, property damage and other harm incurred as a result of the negligent act. For the plaintiff to receive the compensation, they must first prove the damages they suffered. This can include bringing in medical records to prove their injuries, evidence of the affect their injury has caused on plaintiff’s life and bringing in receipts for property damage.
How California’s Comparative Negligence Can Affect Your Claim
The comparative negligence rule means that both the defendant and plaintiff can share liability in an accident. While it’s not always the case that both parties share liability, California recognizes that sometimes a car accident is the fault of two or more drivers. A partially liable plaintiff can still file an injury claim. However, their damages will be reduced by the percentage of fault assigned to them.
For instance, if a drunk driver collides with a driver on their phone, California law recognizes that the drunk driver may be more responsible for the accident. However, because the other driver was on their phone, they are also partially responsible, because if they hadn’t been on their phone, they might have avoided the drunk driver. Determining the level of liability each driver has is challenging and often requires legal knowledge.
Whether or not you are partially liable, the defendant and their insurance will likely attempt to place partial blame on you. By placing some blame on you, they can reduce their liability and ensure they don’t need to pay you the maximum value of your claim. An Alameda car accident lawyer will know how to build a strong claim and prevent false liability from being placed on you. They understand comparative negligence law and can work to prove you are not liable for the accident.
How an Alameda Car Accident Lawyer Can Help
Working with an experienced and trusted Alameda car accident lawyer can greatly benefit the success of your personal injury claim. An attorney can help with:
- Finding medical care and putting medical bills on hold until after your claim is resolved
- Gathering evidence
- Negotiating with insurance companies
- Preparing your claim for trial
Most personal injury cases get settled, but when insurance companies and plaintiffs aren’t able to come to an agreement, the case moves to trial. During the trial, an experienced Alameda car accident lawyer will need to prove the necessary evidence to support the fault and monetary value they are asking for on behalf of the plaintiff.
Contact Karns & Karns Car Accident Lawyers in Alameda
If you or a loved one have been harmed due to a negligent driver, you may be entitled to compensation. Our car accident lawyers at Karns & Karns have years of experience helping Alameda residents recover fair compensation and pursue the justice they deserve. We have the skills and resources to help you tackle your personal injury claim and make sure your rights are protected throughout the whole process.
Schedule a consultation at (888) 381-8044 or fill out our contact form.
Hear what others have said about us
Thank you so much for all the work everyone contributed to bringing my case to a successful conclusion. I am truly grateful to everyone.
Very friendly, professional, knowledgeable and always kept me up-to-date on what was going on with my case. Thank you Karns & Karns!
Most knowledgeable and helpful personal injury firm in town. The best.
I have used the lawyers at Karns & Karns on a number of legal matters over the years. Their skill and expertise is unmatched in my opinion. When my family was the victim of fraud, I turned to the lawyers at Karns & Karns. After a long litigation battle which eventually went to arbitration, I was awarded over $1,500,000.00. The lawyers at Karns & Karns were extremely prepared and I would recommend them to anyone.
I was seriously injured in a motorcycle accident. Bill Karns was with me every step of the way. Even though the other driver said the accident was my fault, I recovered over $1,300,000.00. Mr. Karns was professional, courteous, and skilled. I would recommend him and Karns & Karns to anyone involved in a major personal injury case.
After a horrible incident and life-changing event, Mike and Bill brought hope back into my life.
I was traumatically injured on the job by a negligent forklift driver. I reached out to Karns & Karns when I began to suspect that my other attorneys didn’t have the expertise to resolve a complicated case where the defendant, a massive organization, said I was at fault. I’m certainly glad I did. Bill and Mike treated me with respect, knew the law, and did exactly what was necessary to make the defendant accept responsibility for their bad acts. I recovered $1,000,000.00, and I have Karns & Karns to thank for that.
I can personally attest to the fact that Karns & Karns are perhaps the most responsive attorneys in California. To receive the sort of attention that I got from Mike and Bill is noteworthy.
My experience with Karns & Karns is that they truly care. As a disabled veteran, I can’t ask for any better than two top gun lawyers whose main job is to get the best for me and my well-being.