Filing a car accident lawsuit is a great option for people seeking to recover monetary damages after experiencing a major car accident. Here’s what to know about the grounds to file a car accident lawsuit in California.
Filing a car accident lawsuit requires the plaintiff to prove that the defendant was negligent and failed to uphold their duty of care. Furthermore, a car accident lawsuit must determine which driver was at fault in order to properly collect monetary damages.
Negligence and Duty of Care
In order to file a car accident lawsuit, the person filing the suit must prove that the defendant was negligent and caused the pile up. The negligent driver in a lawsuit is the one liable for the accident and must pay damages to the victims. The standard for negligence in a car accident lawsuit requires that:
- The defendant had a duty of care to the plaintiff
- The defendant did not uphold that duty because they were negligent
- The defendant’s negligence was a major factor in causing harm to the plaintiff.
The plaintiff has reasonable grounds for a car accident lawsuit if they can prove all three elements of negligence.
Duty of care on the road is the principle that drivers operating vehicles generally owe other drivers a duty to exercise reasonable decision-making and safety on the road. Failing to uphold the duty of care because of the driver’s negligence puts others at risk. A negligent driver may be at fault in a car accident lawsuit.
Examples of duty of care include:
- Watching out and yielding to pedestrians
- Staying alert and watching for sudden changes in traffic
- Driving sober
Related: California Statute of Limitations for a Car Accident Lawsuit
Fault
Another crucial step in the process of filing a car accident lawsuit is identifying fault. In a car accident, one or both of the drivers may be liable for the accident. It is important to consider what ultimately caused the crash and who is responsible for the cause. The driver who caused the accident is at fault, and can be sued in a car accident lawsuit.
In some states, the blame can be distributed between both parties. In such cases, the judge determines the specific percentage of blame between the plaintiff and the defendant, which is then translated into a percentage of the final monetary rewards for the plaintiff.
Related: Who’s At Fault in Pile-Up Accidents?
FAQs About Grounds to File a Car Accident Lawsuit
What is negligence?
Negligence is a legal standard regarding a failure to uphold their duty of care, which consequently harmed other people. Proving negligence requires the plaintiff to demonstrate that the defendant had a duty of care to the plaintiff, the defendant acted negligently and failed to uphold that duty of care, and that the plaintiff was harmed as a result of the defendant’s negligence.
How do courts determine fault in a car accident lawsuit?
In order to determine fault in a car accident lawsuit, the judge will consider the facts of the accident. If the driver who caused the car accident was driving negligently, the judge will find that driver to be at fault for the car accident lawsuit. In some states and in some situations, both parties may be at some fault for the car accident; monetary damages will be divided accordingly.
Related: What Happens If Someone Sues You After a Car Accident?
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If you or a loved one has grounds to file a car accident lawsuit in California, get your free consultation with one of our California Personal Injury Attorneys today! We won’t charge you a dime unless you win your case.