Car Accidents

Establishing negligence on the part of a defendant in a car accident case is a matter of matching the facts of your case to the legal formula setting forth the required elements for a negligence cause of action. These include showing that the defendant owed you a duty of reasonable care, breached that duty, and that you were proximately harmed as a result. Ordinarily your plaintiff’s attorney will need to work with you to assemble...

If you have been involved in a car accident with another driver, and you make a claim against the other driver's insurer (or your own), you may find yourself dealing with the flip side of the insurance industry coin: instead of the way that they portray themselves in advertisements (a good neighbor with whom you are in good hands because they are on your side), they can become experts at playing hardball negotiations. The fact...

Texting and driving laws in California are tough. Stopping at a red light or at a stop sign might seem like a safe place to take a peek at your cellphone to check your text messages, but you might end up with a ticket if you are spotted by a police officer, and the police are watching. The California Highway Patrol issued tickets to 46,000 distracted drivers earlier this year in just one month. Texting...

Waiting too long after a car accident to file a lawsuit for damages could end your right to compensation. California has enacted laws, similar to those enacted in other states, to encourage an individual with a serious injury to pursue a claim against a negligent driver without unnecessary delay. The deadline to file a lawsuit is the statute of limitations. Personal injury lawsuits, including a drunk driving accident, distracted driver accident or other accidents caused...

Any negligence-based lawsuit will ultimately need to answer questions of actual and proximate causation among the parties involved, including whether the plaintiff was also negligent in some way. When there are multiple defendants, such as in a multi-vehicle car accident, their respective share of fault must also be allocated. How this is done brings up the issue of comparative fault. Read on to learn more and if you have any questions, speak with a qualified...