Padilla Law Group, LLP

Recklessness and negligence in car accidents

A car accident can have a profound impact on an individual's life. A vehicle may be seriously damaged, requiring extensive repairs or replacement, but of more concern is the physical, emotional and financial harm caused to the car accident victim. Head and neck injuries, broken bones, torn muscles and severe lacerations are all very real possibilities, any of which can result in the need for extensive medical treatment. These injuries can also force an individual to miss work and suffer emotional trauma.

Such damages are unacceptable. Yet, without taking action, car accident victims are left to cope with the undeserved damages that have been thrust upon them. However, this doesn't have to be the case for those who choose to take legal action against those responsible for the accident in question. Succeeding in a personal injury lawsuit injury can be challenging, which is why California residents need to know the law and how to use it to their advantage before moving forward.

Generally speaking, an accident victim can impose liability and recover compensation if the victim can show that another driver was negligent or reckless, and that negligence or recklessness caused the victim's injuries. Reckless behavior is that behavior that an individual knew or should have known posed a risk to others. Drunk driving is a perfect example.

Negligence, on the other hand, is more difficult to prove. In the driving context, motorists carry the duty to operate their vehicles in a safe fashion and obey applicable driving laws. Failing to do so could constitute negligence. Putting forth evidence that a driver was violating a traffic law can go a long way toward succeeding on a personal injury lawsuit.

In order to successfully impose liability and recover compensation, a car accident victim needs to uncover and gather pertinent evidence and use it, in conjunction with the law, to create compelling legal arguments. Only then can a victim hope to convince a judge and jury.



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