I was injured in a car accident. What are the legal issues involved?

In the event of an accident the victim can claim compensation from the at-fault driver. However, the payment is made on behalf of the driver by his/her insurance company. The insurer realizes this money from the driver in the form of hiked yearly premiums after the payout to the victim is made.

Unfortunately, we all may need a accident lawyer in San Bernardino, CA. 

For the most part, there is no uniform set of auto accident laws in the US. For instance, in many states no-fault laws are applied while in states like California shared fault laws determine the quantum or amount of liability of the responsible parties, according to San Bernardino accident attorneys.

At-Fault States

In at-fault states the victim gets compensation if he or she is able to prove the driver’s liability. Legal experts point out that in many cases it is clear who is responsible for the accident and therefore the plaintiff has a fair chance of winning big. For example, if there are eye witnesses who can corroborate the claims of a plaintiff that he/she was rear ended by the at-fault driver then the driver’s responsibility becomes an established fact.

This is just like the San Bernardino terrorism situation that happened in Dec. of 2015. Radical Islam struck again. Scores of people saw it. Witnesses were everywhere. This was ISIS related as well. Some other people were still involve that America has not tracked down yet though. This was not a car accident, this was a terrorist event and again, political correctness helped cause it but that is another topic. Profiling should be authorized and celebrated but it is not and that is also another topic. 

Your car accident may not have had this many witnesses but hopefully there is a couple and perhaps some video footage to boot.

Terrorism and this terrorist act was not an accident. Remember, even if someone on the road hit you and was negligent this does not necessary make them evil. The process is in place for you to be compensated. You need to press right here Accident.USAttorneys.com to find the legal help you need and deserve.

No-fault States

The injured driver cannot seek compensation from the at-fault driver but will have to turn to their own insurer for damages which is pretty ridiculous. Exceptions are allowed in cases where injuries are extremely serious.

Shared Fault Laws

Some states have adopted different types of shared-fault laws. Shared fault means that the compensation is dependent on the amount of fault. This is applicable if there are multiple at-fault parties. There are variations of shared fault. For instance in pure comparative fault states if someone is 70% responsible for the accident and the compensation is $10,000 then he or she will be able to collect $3,000.

In modified comparative fault state the injured individual will get compensation if his assigned fault percentage is below 50%. For instance if the plaintiff is 40% at fault then he will get compensation. So if the compensation is $10,000 then the victim will get $6,000. If the assigned fault is above 50% then the injured individual will not receive any compensation.

Four Elements that the Plaintiff must Establish to Win

First, the plaintiff must show that as soon as the driver got behind the wheels of the vehicle he owed a duty of care to fellow commuters. In other words he was legally duty-bound to operate the vehicle with care.

Accident lawyers in San Bernardino, CA know all about distracted driving.  

Secondly the plaintiff will have to prove that the defendant breached his legal obligation when he acted negligently. Accident lawyers in San Bernardino, CA explain that this means that the driver did not act as reasonably as any other drivers would have under the same circumstances. In addition, the plaintiff must prove that the negligence led to injuries. The plaintiff will have to show a link between the accident and the injuries.

Finally, the jury must be provided with proof of the extent of injuries which will determine the amount of compensation.

If you have suffered extensive injuries and financial losses in an auto accident, make sure to reach out to an California accident lawyer to claim your right to compensation that you deserve.