If Another Person Was to Blame for Your Accident, Call Us
For more than four decades, our experienced attorneys have helped Southern California injury victims and their families recover money so that they can concentrate on healing and moving on with their lives. If you or a loved one has been injured because of the negligence of another party, contact our contact –Newport Beach office for a free consultation by calling (949) 752-7474 today.
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What Is Negligence?
In the simplest terms, negligence can be described as the failure to exercise the care toward others that a reasonable person WOULD exercise under the same circumstances. For instance, a reasonable person would not endanger the safety of others by texting while driving, driving recklessly, or driving under the influence of drugs or alcohol. The same could be said about a person who allows an unsafe condition to exist on their property, such as not putting a fence around the pool in their backyard in a neighborhood full of children. That is certainly not the kind of chance a reasonable person would take.
Negligence is not limited to individuals. A company that sells a product that has been inadequately tested and ends up injuring a consumer is also guilty of negligence. All of these examples illustrate what is legally termed a “breach of duty of care.”
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California’s Comparative Negligence Law
Sometimes, both parties involved in an accident may share some of the fault. Suppose you are driving toward a four-way intersection when a car approaching from a perpendicular angle runs a red light. You see the car and hit your brakes, but you are unable to stop in time. In such a scenario, it’s clear that the other driver carries a majority of the fault for the collision. However, an investigation may find that you were speeding and that your tires were almost completely bald at the time of the crash. A jury may determine that you were 20% at fault for the accident, because had you not been speeding and had your tires been in decent condition, you would have been able to stop in time and avoid the collision.
California practices what is called “comparative negligence,” also referred to as “comparative fault.” This means that the injured person can still seek compensation for his losses, even if he was partly responsible for those losses. In the case above, you were found to be 20% responsible for the accident, and the other driver was deemed to be 80% at fault. If the total cost of your injuries and property loss was $100,000, you would only be able to collect $80,000 ($100,000 minus 20% equals $80,000).
A few states practice what is called “contributory negligence,” which means that if a person is even 1% at fault, he can collect no compensation at all. Fortunately, California is a comparative negligence state.
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What Are Common Causes of Personal Injuries?
Serious injuries can come from a variety of sources and vary in how they impact a victim’s life, from broken bones to brain damage. Many cases involving personal injuries occur because of:
Dog Bites: Dogs are man’s best friend, but that doesn’t mean they can’t be dangerous. Dog bites are all too common, and often lead to severe injury. Dogs’ original purpose was to help humans hunt, after all. Holding someone liable for the actions of their pet can make you feel guilty, but it’s important that all pet owners are responsible and have control of their animals at all times.
Vehicle Accidents: Roads are dangerous, and you never know what’s going to happen when you leave for your daily commute. Thousands are injured or killed in car accidents in California every year. Unfortunately, we cannot control the actions of other drivers on the road, but we can fight for compensation if you have been injured by another driver’s poor decisions.
Bicycle Accident: Bikes are a great way to get some exercise and visit the best sights in California. But sometimes the best of days can turn deadly. Bikes are small and silent, making it difficult for car drivers to notice them. When involved in an accident, bike riders are often left severely injured as bikes provide no protection.
Wrongful Death: This is a type of claim brought forward when someone has been killed due to someone else’s negligence, which can result in pain and suffering for the victim’s family. These cases are common in car accidents, truck accidents, and workplace accidents. They can leave a family devastated, both emotionally and financially.
Motorcycle Accident: California has the highest number of registered motorcycles across the United States and it is the only state to legally allows lane splitting. Unfortunately, because motorcycles are so common here, they also come with a high rate of accidents, and with no seatbelt, airbags, or protective layer of metal around the driver and passengers, motorcycle accidents are among some of the deadliest.
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Important Steps to Take After an Accident involving Personal Injuries
After an accident involving personal injuries, it is easy to panic. You may be scared, confused, and in pain.
However, it is critical to stay calm and take the necessary steps. Remember that your actions after an accident can impact a future personal injury claim.
Seek Medical Attention
First, seek medical attention. At the scene of the accident, call an ambulance. Go to a healthcare clinic, your general physician, or go the emergency room.
Insurance companies often do not consider getting medical attention over 72 hours after the injury as relevant to the accident.
Get Legal Representation
After receiving medical attention, contact us to help you with your claim and get the compensation you deserve by being representing by an experienced personal injury attorney in Orange County.
Do Not Speak About Your Case
You should only discuss your case with your doctor and personal injury attorney in Orange County. Your attorney must be present whenever you speak about your claim, whether to the opposing attorney or insurance agent.
Collect Documentation and Evidence
You need to provide documentation and evidence to prove that you were injured because of someone else’s negligence.
You can collect documents and records related to the claim including photographs, medical records, the witnesses’ contact information, police reports, etc. It is also important not to forget to write a memo or note that details what occurred before, during, and after the accident to help you recall the events later.
One of Leslie Law Firm’s personal injury attorneys in Orange County can plan to be with you every step of the way.
— J. M.