Unfortunately, auto accidents are the most common cause of personal injuries in the United States. In California alone, more than 200,000 people are injured in auto accidents. When a person is injured in an auto accident, who was at fault is a common debate – who is at fault also establishes what is owed, and to whom.
In California, fault in an auto accident depends on who was negligent in causing the accident. Because who was at fault is generally based on “negligence,” a personal injury attorney or professional would be able to help assess the facts and build a case to establish the other party’s negligence or, in the alternative, help lessen your negligence (if any). Negligence could include but is not limited to, one or more of the following while driving: carelessness, texting, inattentiveness, speeding, drunk driving, failing to yield, or running a red light.
For example, if a defendant was negligent in causing the accident, that person would be liable for damages. However, if more than one defendant was negligent in causing the accident, the defendants’ negligence would need to be apportioned to calculate their percentage of fault. And, in other instances, the accident could have occurred without negligence by any driver. In these instances where an accident occurs due to a vehicle malfunction, hazardous road condition or defective auto part(s), government agencies or manufactures may be liable for the accident.
Because not every car accident is the same nor are circumstances surrounding the auto accident similar, an experienced personal injury attorney or professional should be sought.
Authored by Scott D. McDonald, Esq.
Scott McDonald is a California native who graduated from Pepperdine Law School in 2008. He has been aggressively litigating cases in Personal Injury and Bankruptcy Law for nearly a decade. Mr. McDonald prides himself in being anything but a “typical” attorney. His unique and very personal approach to practicing law has helped numerous clients obtain their goals and get the legal relief they need.
Mr. McDonald is also a member of 1LAW, which allows clients to obtain free legal support for basic matters and to stay in constant communication with him once retained.
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