Automobile accidents are one of the leading causes of injury and death in California outside the home. For those involved in an accident, dealing with the aftermath can be a nightmare. When injury or death is involved, it is far worse.
If you have been in an accident, where you are not at fault, you need to act to secure your rights to compensation for injury. You can do this with help from Santa Barbara car accident lawyers.
<strong>Proving Negligence</strong>
When filing a case against the driver at fault, you have to prove that person did not use a reasonable degree of care when operating their vehicle. You must also prove that the driver’s negligence was what caused the injuries and property damages involved in the accident.
California law defines several ways that the courts can hold a driver negligent. Here is just a sampling:
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<li>Driving too fast – This happens when a driver is going beyond the speed limit or is driving too fast in bad conditions.</li>
<li>Failing to pay attention – Drivers that are distracted by anything can be guilty of this. It can include cell phone use, reaching for something in the back seat, or turning the head to talk to someone in the back seat.</li>
<li>Failure to yield right of way – A good example of this is if someone turns left in front of oncoming traffic.</li>
<li>Vehicle defects – If a driver fails to maintain the vehicle properly, and this leads to an accident, it can be considered negligence. An example would be an accident caused by brake failure due to non-maintenance.</li>
<li>Intentional or reckless acts – One form of this negligence is when someone deliberately rams another vehicle. It covers any time a driver uses the vehicle as a weapon or does something no sane driver would do.</li>
<li>Driving under the influence – Driving under the influence of alcohol or drugs is a clear form of negligence.</li>
<li>Failure to maintain a safe distance – If someone rear ends a driver ahead of them, this form of negligence comes into play.</li>
</ul>
There are plenty of other forms of negligence involved with car accidents. The best way to find out if your injuries and property damage are covered by this part of California law is to speak with a personal injury attorney.
If you have been in a car accident that is not your fault, you need to act quickly to make a claim against the driver at fault. You have only two years after the accident to make a claim for personal injury. Don’t let time get away from you. Contact Santa Barbara car accident lawyers as soon as possible to get your case started.