Automobile Accident Attorneys
Law Offices of Morgan & Kelley
Car Accident Lawyer, Car Accident Attorney, Automobile Accident Lawyer
When involved in an automobile accident, some of the issues include the property damage to the vehicle, obtaining photographs of the car accident and accident scene, the property damage estimate, and where the vehicle is going to be repaired. There are then issues of actual cash value and repair and replacement of the vehicle. When making a claim with an insurance company with respect to personal injuries, in order to properly prepare a claim for a case against the insurance company or party involved, it will be necessary to: determine the amount of the medical bills; gather all of the medical records, including doctor reports; gather witness information, photographs of the scene and possibly of the injury, photographs of the vehicle; determine the amount of injury, whether it be permanent or temporary to the victim; any necessary future medical treatment, and the cost. The case may involve talking to the police officers and witnesses involved, obtaining experts in the form of accident reconstruction experts to determine speed, skid marks, and damage to the vehicles. Whenever there is a claim against an insurance company or the negligent party involved, the other side tries to place blame onto the injured individual or other parties. It is therefore necessary to properly assess any “comparative negligence” that can be asserted against the victim in order to properly defend that issue which then disputes the other side’s claim. The more the other side can blame on the victim, the less they will owe in the end.
The injured party in a case, through their attorney, must prove that the other side was negligent and their negligence was a cause of their damages. Negligence is the failure to do something that a reasonably prudent person would or would not do, or the failure to use ordinary or reasonable care.
At times, an individual can be responsible for a car accident when they have violated a statute, ordinance, or regulation, and that violation was a cause of the accident. If that turns out to be the case then the individual is considered negligent as a matter of law, unless they can prove that they were prevented from complying or justified in not complying with the statute, ordinance, or regulation.
Contributory negligence or comparative negligence is where the other side tries to blame some fault onto the victim; that is, where the injured party did not act reasonably and their actions contributed to the injury. In that case, the judge or jury will be asked to compare the negligence against whom the claim is made.
The California Vehicle Code is an example of a statute that would apply in a motor vehicle accident. If a party had violated a Vehicle Code statute that was designed to protect an individual that was injured, such as violating the basic speed law, the law looks at that as presumed negligence unless the other side can prove that there was a justifiable reason for speeding if the speed caused or contributed to the victim’s injury.
Automobile Accident Attorney
, Automobile Accident Lawyer
, Car Accident Attorney
, Car Accident Lawyer