How to Prove Negligence in a California Car Accident
Dealing with the aftermath of a car accident injury can be painful and overwhelming. Unfortunately, these burdens may feel even heavier if another driver’s negligence caused your accident. Even if you are certain the accident was not your fault, proving negligence can be legally complex and challenging to handle on your own.
Car accident victims in California deserve to have an experienced legal professional in their corner to help them fight for justice. At NK Law Group, our attorneys have over a decade of experience establishing negligence in car accident claims and achieving favorable outcomes for their clients. When you retain our services, you can have peace of mind that your case is in compassionate and dependable hands.
Elements of Negligence in a California Car Accident Claim
Like many states, California abides by the theory of comparative-fault negligence for liability. In other words, even when an individual is partly at fault for an accident, they are still entitled to compensation. It is essential to note that compensation does not happen automatically. Your claim must meet specific standards of proof to establish the other driver’s negligence. An experienced car accident attorney can help you by gathering evidence and building a strong claim on your behalf. Successful car accident claims contain the following elements:
- The other driver owed you a duty of care
- The other driver violated the duty of care by engaging in negligent behavior
- The other driver’s breach of duty directly caused your accident
- The accident caused you to suffer injuries and other economic and non-economic damages
Every person in California owes other drivers on the road a legal duty of care to act reasonably and responsibly to avoid causing harm to themselves and others. If the other driver violated this duty of care, causing your accident and subsequent damages, you might be eligible to recover compensation for your losses.
What Evidence Can Be Used to Prove Negligence?
In order to successfully prove negligence after your accident, your lawyer will support your claim with compelling evidence that helps establish the other driver’s fault. In car accident cases, evidence can take many different forms. A few types of evidence your attorney may use to establish negligence and liability include the following:
- Police reports
- Witness testimonies
- Photos from the scene of the accident
- Your testimony
- Video footage from dash cams and security cameras
- Cell phone records
- Records from trucking, taxi, and rideshare companies
- Accident Reconstruction animation video
- Automobile Expert witnesses
Through a car accident claim, you may be able to recover monetary compensation for the full extent of your injuries and other losses. When you partner with the skilled attorneys at NK Law Group, we may be able to help you recover damages for your medical bills and lost wages, as well as your intangible pain and suffering.
Discuss Your Case with a Trusted California Car Accident Attorney
A severe car accident can flip your life upside down in an instant. All too often, accident victims are forced to contend with the physical, emotional, and financial consequences of their accidents on their own. At NK Law Group, our compassionate attorneys are here to support you through this challenging time. We will thoroughly investigate your case and build a strong claim to establish liability and recover the compensation you deserve. Our skilled attorneys have a proven track record of success and are ready to apply their extensive knowledge and skills to your case. To learn more about how we can help you and schedule a free consultation, call us today at (510) 519-9497 or complete our online contact form.
EXPERTLY REVIEWED BY
Naseer Khan, Esq.
November 3 2022
Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.