The American Bar Association and the NAACP Legal Defense Fund issued a joint statement today on Eliminating Bias in the Criminal Justice System... read more
Car accidents are one of the most complex accidents in which to determine who is at fault. Although there are general rules about fault, sometimes it’s not always cut and dried. When determining fault, or negligence, the police report is a good place to start to determine who caused the accident. Even so, there may not be a citation issued by the reporting officer or even a mention of how the accident was caused. You may need to contact a lawyer to help you get the compensation for your injuries and property.
State laws, or the vehicle code, can help you determine fault. However, knowing which laws apply to your case can be daunting, because the code is complex. You may have been speeding, but the other driver changed lanes inappropriately. Sometimes, fault is difficult to determine without an investigation into the full circumstances of the accident. It may take an investigator who specializes in accident reconstruction to apply fault.
Rear end accidents are almost always the fault of the driver who hit the car from behind. That driver may have a claim against a person who rammed into their car, but that doesn’t affect their liability for hitting your car. If your brake lights are faulty or you stopped in the middle of the road, you may have some comparative negligence that reduces your compensation, but most likely, you won’t be at fault if the rear end of your car is damaged in a collision.
Left turn accidents are also almost always the fault of the person making a left turn. Cars that are going straight typically have the right of way, but there are exceptions. One example is if you run a red light and hit a car that is making a left hand turn on a green light. The circumstances surrounding the accident will determine who is at fault.
You may be feeling guilty for your part in the accident. Although this is a normal feeling, sometimes it isn’t legally true. This is why it’s good to discuss your case with an attorney who knows the law and can determine if you really do have any negligence. It’s important, because the one who is at fault in an accident is responsible for making the other person whole. A judge can offset any negligence on your part by reducing your claim, so if you do share in the negligence the other driver isn’t penalized for your part. To learn more about how fault is determined in car accidents, visit this website for a car accident attorney in Escondido.
No one wants to think about a lawsuit that involves a wrongful death, but you deserve the right to hold the negligent party responsible. Although a financial settlement won’t bring your loved one back, it can ensure that it won’t happen to someone else and see you through a difficult time as you adjust to a new life.
Burden of Evidence
In a criminal case, the standard of proof is that the defendant was responsible “beyond a reasonable doubt.” In a wrongful death suit, the burden is much lower, but you do need to establish negligence, which is a key element in a wrongful death case. The other important element is that there must be financial damages. Although you may not be emotionally prepared to deal with this, you don’t want to wait too long. Evidence can be destroyed or lost and witnesses forget. Your state may have a statute of limitations, too.
What Damages Can Be Awarded?
Financial damages in a wrongful death case won’t ever make up for the loss of your loved one. However, they do go a long way in providing for the economic loss. This is very important if the deceased is the breadwinner in a family with children. Many different items are considered when determining the amount of damages that are awarded. To learn more about what a wrongful death case entails, visit this website for a wrongful death lawyer in Escondido.
The American Bar Association Tort Trial & Insurance Practice Section will honor Chicago attorney Bruce Robert Pfaff with its Pursuit of Justice Award, which recognizes lawyers and judges who have shown outstanding merit and who excel in providing access to justice for all... read more
In a statement to commemorate July 17 as International Criminal Justice Day, American Bar Association President William C. Hubbard acknowledged the global efforts, led by the International Criminal Court and the international community, to combat genocide, crimes against humanity and war crimes... read more