Fault and Liability – Sodhi Law Group Modesto Ca
Fault and Liability – Most vehicle accidents are caused by the negligence or recklessness of the driver. Negligence is the careless or accidental conduct that results in harm or damage. Recklessness is a willful disregard for the safety or wellbeing of others. From speeding to not yielding the right of way, from putting on make-up to texting while driving are all forms of negligence or recklessness. If involved in an accident, these are the things the vehicle insurance companies are going to investigate.
If a driver is found at fault for the accident most states, like California, they will be found liable for any damages incurred. A fault is recognized in four different ways, negligence, recklessness, intentional misconduct or strict liability. Anyone who has caused an accident, under common law, have committed a tort. This means a wrongdoing against another, and a person who has committed a tort would be referred to as a tortfeasor.
The most apparent way one is found at fault is by driving under the influence. This does not only refer to drinking and driving, this can be under the influence of drugs or even over the counter prescriptions if they have been labeled with a warning “Do not operate heavy machinery while taking this medication”.
Other ways of being found at fault due to negligence while driving is:
- Texting, or looking at a cell phone
- Getting something out of a glove compartment or reaching over to grab something
- Looking at a map or trying to read some type of material
- Applying makeup
- Eating or drinking
- Looking at someone or something on the side of the road.
All of these can take your eyes or your mind off of the road. It only takes one instance of negligence to cause a horrible accident that could have been avoided. If a vehicle accident was caused due to negligence you may be held liable. On the other hand, if you can prove the other driver or drivers caused an accident due to negligence this will improve your chances of a settlement in your favor.
With that in mind hiring a personal injury attorney will help with the stress of the process. An attorney can get all the evidence in order, file a lawsuit on your behalf and advise of any time limitations. They can do all the leg work for you, creating a greater chance of success.
YouR AUTO ACCIDENT Injury Lawyer – contact sodhi law group today.
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
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