How Does Negligence Work In A Court Of Law?

There is a lay person’s definition of the word negligence, and then there is the definition of this action as it relates to what holds up in court. Personal injury lawyers frequently investigate if the incident that is being described to them by a potential client seems to fit into the category of someone who has literally committed negligence or not. Car accident lawyers will not proceed with a case in California if they do not think that it will reach the legal definition of negligence at the very least. Aggravated forms of negligence that will definitely be less difficult to prove in court include recklessness such as felony drunk driving.

What Is Negligence?

In a strict sense this means that the offending party did not act with the necessary care to perform the action that they were taking at a necessary time and as a result, someone ended up getting hurt.  Negligence can be present in dog bite attacks, premises liability cases, drunk driver accidents, pedestrian accidents, car accidents, construction accidents, burn injuries  and more. In a car accident scenario, this can mean that they were doing something such as talking or texting on their cell phone while driving or failing to act as a reasonable person would under the circumstances. An automatic or inferred assumption of negligence, called negligence per se,  is arrived at when a California Vehicle Code Section is violated. This is why police reports also become a critical factor in a negligence or recklessness determination. For instance, if the officer cited the other party for driving at an unsafe speed which is California Vehicle Code section 22350, then an inference of negligence already exists. In more serious accidents that involve a car getting totaled, a person being taken to the hospital for serious injuries, negligence is somewhat easier to prove when one looks at the property damages and bodily injury that resulted, especially where more than one person was injured.

Since many different scenarios can occur and do occur, it is best to contact one our fine car accident litigators at Akiva Niamehr LLP to discuss your case.

How is Negligence Proven by Our Car Accident Attorneys at Akiva Niamehr LLP?

Our law firm is going to look at each individual case that comes before it to try to determine if one of our Los Angeles personal injury attorneys can make your claim a successful one. Proving this means showing a number of elements to the court.

One has to show that the other driver had a duty of care that they were expected to uphold. They must also prove that the offending individual breached that legal duty that was placed in them when they acted in a certain manner or failed to take certain actions. Finally, it must be shown that the negligence was what caused the accident and injuries as a result. These are all high bars to get over, but that is why it is just so important to have a talented attorney who has succeeded on such claims for his clients. Click here to learn about the track record of our attorneys at Akiva Niamehr LLP on a wide array of legal cases including motorcycle accidents, premises liability cases, automobile accidents and more.

DUI Misdemeanor and Felony Violations Cause Automobile, Motorcycle, Bicycle and Pedestrian Accidents

Nobody plans on being hit by another driver, let alone someone driving under the influence of drugs or alcohol. But when the unexpected does occur, it’s important to know the damages to which you may be entitled. Our personal injury lawyers at Akiva Niamehr LLP offer the following advice.

Were you a Victim to a Drunk Driver as a Driver, Pedestrian or Passenger?

You may have been driving without valid insurance when you were unexpectedly hit by a DUI driver in a motor vehicle accident. You may have suffered injuries and think you have no recourse. In fact, you may even be afraid to pursue any type of compensation. The reality is you have more options than you think.

In an earlier post, we told you about California’s Proposition 213, which limits the type of compensation to which individuals without valid insurance are entitled. This compensation includes economic damages only, which are damages that are easily assessed and often involve quantifiable loss to one’s health or to one’s property.

However, the exceptions are those occurrences in which the at-fault driver is found to be driving under the influence of drugs or alcohol. This means, that if you don’t have valid insurance at the time of your accident, and the at-fault driver is found to have illegal amounts of drugs or alcohol in his body, then you may be entitled to both economic and non-economic damages.

What are your Money Damages?

For those who don’t know, non-economic damages are those that may result in chronic, recurring, debilitating pain, including mental anguish or anxiety. These injuries may not manifest themselves directly after an accident and may take several weeks or months to materialize and to diagnose. As a result, non-economic damages are harder to prove and may require special testimony in order to secure compensation. Thanks to proposition 213, you may still seek compensation for such injuries even if you lack proper insurance.

Victims of Drunk Driving and Drunk Drivers

Of course, those with valid insurance are naturally entitled to pursue both economic as well as non-economic damages. The latter category is especially relevant to victims because, as mentioned before, these injuries are often slow to materialize and may not be covered by initial settlements.

A skilled lawyer can assist you in providing for long term conditions of which you may not be aware. Your lawyer will work to ensure that you receive compensation for loss to your person and property, as well as potentially devastating impairment to your future health and financial wellbeing.

Victims of DUI’s usually have a strong case against the at-fault driver. Because of their portrayal in popular culture, DUI’s are often mischaracterized as easy meal tickets. This can lead individuals to settle prematurely with insurance companies or lawyers.

The smart choice? Obtain a lawyer. You can call the personal injury lawyers at Akiva Niamehr LLP today.