Accidents Happen, But Who Pays? Understanding Fault After a Collision in Van Nuys

Liability is determining whether the accused is accountable or not.  When a car accident happens, it is essential to ensure that the accused is, in fact, responsible for the accident. Such concepts play an important role in places like Van Nuys, which is in California. These concepts are often used after the accident has taken place. 

A slight difference between liability and negligence is that liability is a legal responsibility, and negligence is not being able to exercise the proper care. In California, comparative negligence is followed in which more than one party can be at fault. 

It affects the compensation as well, depending upon the degree of fault both parties share. Get in touch with a Van Nuys personal injury attorney to make the legal process more accessible. 

Critical elements involved in negligence

  • Follow the traffic laws and adhere to traffic rules.

The drivers in Van Nuys must follow the traffic rules, not overspend, and not break traffic signals. If the driver fails to follow the instructions mentioned above, they might be subjected to negligence. In such cases, if the accident takes place, they can be held liable for the damages caused. 

  • Being distracted while driving is another breach of duty.

If the driver is texting someone while driving under the influence of alcohol or drugs or not following traffic signals, they can be held liable. You can collect evidence against them from the cameras at traffic signals, get a report from the police, or take statements from a credible witness. 

  • Determining the cause of the accident

It involves determining whether distracted driving, in fact, was the cause of the accident. The roads in Van Nuys are complex and have heavy traffic as well. Therefore, you might need the expertise of a professional, and a thorough investigation might be conducted to determine the cause of the accident. 

  • Share of fault in the accident, which is also known as comparative negligence. 

If, in an accident, it was found that both parties were at fault, then the compensation would be lessened depending upon the degree of fault shared. It can be understood through an example: let us say that the driver was at fault by 40%; the exact percentage will reduce the compensation. 

  • Collecting the evidence supporting your claim. 

When you will be proving the negligent claim, you are going to need evidence to support your assertion. An attorney can help in gathering evidence from various sources like medical records, police reports, etc. 

Make the process easier by having a legal expert to represent your case! 

They know their way around and can also help negotiate with insurance companies when seeking compensation. 

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