What Is the Duty of Care in a California Car Accident Claim?
When you drive on California’s scenic roads and highways, you owe a duty of care to the other motorists on the road. This means that all drivers must act reasonably and responsibly to avoid causing others harm. Unfortunately, not everyone adheres to this duty of care, resulting in serious accidents and injuries for victims.
If you have been injured in a car accident, you do not have to fight for justice alone. A highly-qualified attorney can investigate every detail of your claim to establish negligence and ensure you receive the maximum compensation for your losses.
How Drivers May Breach Their Duty of Care
When drivers behave negligently, they violate their duty of care to prevent harm to those they share the road with. Some negligent acts that may result in a car accident include:
- Texting while driving
- Eating or drinking while driving
- Drowsy driving
- Speeding or violating other traffic laws
- Falling to look out for pedestrians and motorcyclists
- Driving under the influence of drugs or alcohol
While the examples listed above are common in California, they are not the only behaviors that can cause accidents. Your attorney will work with you to understand the unique circumstances surrounding your claim to determine the cause of the accident and establish the other driver’s negligence.
How to Prove That the Other Driver Violated Their Duty of Care
Even if you know the other driver breached their duty of care and caused the crash, negligence can be challenging to prove from a legal standpoint. Your lawyer will employ various strategies and use evidence to prove that the other driver owed you a duty of care and violated it. Your attorney will also establish that the violation of their duty caused your physical, emotional, and financial damages. Your lawyer can use the following evidence to establish negligence for your claim:
- An admission of fault
- Video footage of the accident
- Your medical records
- Witness testimonies
- Medical experts and accident reconstruction testimonies
- Photographs from the scene of the accident
In addition to advocating for your rights and interests on your behalf, your lawyer can also put you in contact with skilled medical professionals to ensure your injuries are treated and valued by an expert.
Damages You May Be Eligible to Collect Through a Car Accident Claim
After building a solid claim supported by evidence, your attorney can then work to recover damages you may be eligible to collect. Depending on the circumstances surrounding your accident and recovery, you may be able to seek compensation for the following losses:
- Current and future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional trauma
- Significant scarring or disfigurement
Depending on the nature of your injuries, you may require ongoing care to make a full recovery. A seasoned car accident lawyer will help you determine the future impact of your losses to ensure you are compensated fairly.
Speak to an Expert Car Accident Attorney at Eric Ratinoff Law Corp. Today
The aftermath of a car accident can be incredibly stressful. If you have suffered an injury in a car crash caused by someone else’s negligence, you deserve to have a tireless advocate on your side. Eric Ratinoff is a trusted attorney dedicated to helping clients get the justice they are owed. The team at Eric Ratinoff Law Corp. has almost 30 years of experience providing their clients with unparalleled legal services. Our firm works on a contingency fee basis, meaning we don’t get paid until we recover damages on your behalf. To schedule a free, no-obligation consultation, fill out our contact form or call (916) 970-9100.