Can You Sue Someone After A Car Accident – Yes, you can sue a person after a car accident. A Los Angeles car accident attorney can guide you through the process and help you decide the next step.
Regardless of whether you are filing an insurance claim or suing someone, you must prove that the other party was negligent. In doing so, according to the Legal Information Institute (LII), there are four key areas to point to for negligence:
Can You Sue Someone After A Car Accident
Even if the driver appears to have caused your injuries, you must show evidence. Signs may include:
Can I Sue After A Car Accident In California?
Accident photos can show the condition of your vehicle, the weather and the road. Video surveillance of businesses in the area or even on the street will show all the events leading up to the accident and how it happened.
If your body has visible injuries, such as cuts or bruises, take photos to show that the accident caused them.
If you don’t go to the hospital after the accident, consider seeing a doctor as soon as possible. A doctor can complete an exam to determine if you have underlying injuries. They can perform a variety of tests and diagnoses, such as X-rays, blood tests, and MRIs. Keep a copy of the test results. You can use this as evidence in a compensation claim.
If information is collected from eyewitnesses to the accident, they can give their statements. If you can’t find the names of witnesses, a reconstructionist can review photos, videos, and any other documents needed to identify the perpetrator.
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Another important indicator is the accident report. In this document, the police officer records the information and statements of each party regarding the accident. Make sure you get a copy of the accident report to add to your file.
A car accident attorney can help you gather all the information you need to prove someone else’s negligence. They can contact and negotiate on your behalf with other parties to help you obtain compensation for your bankruptcy.
According to California Civil Code (CCP) §335.1, you have two years to file a personal injury claim. You must ensure that you bring your personal injury claim against the at-fault party within two years. If you miss this deadline, the court may not allow you to pay compensation for damages and losses resulting from the accident, so you will be responsible for paying your expenses related to the accident.
If you have been involved in a car accident with someone else, you may be entitled to compensation including:
Can You Sue Someone Personally For A Car Accident In California? Can You Sue Someone Personally For A Car Accident In California?
You have every right to file a personal lawsuit after a car accident. When you use an attorney, they can explain the process, evaluate your case, gather the necessary evidence, and represent you as you recover from your injuries. Not only can a car accident attorney walk you through all of your options, but you may be entitled to more compensation than you realize.
Speak with our team at the law office of Jacoby & Meyers to discuss your options. We work on an emergency basis, so you don’t have to pay anything if we can’t compensate you for the damage. Call (866) 559-7223 today to begin a free case evaluation.
Michael Akiba is a managing pre-litigation partner at Jacoby & Meyers. After starting his career as an attorney at the world-renowned law firm Latham & Watkins LLP, Michael quickly realized that representing large corporations was not for him. After leaving the institution, Michael devoted himself to the fight for the rights of the injured. Education J.D. UCLA School of Law, Editor, UCLA Law Review B.S., Finance, University of Southern California, Magna With Load Home » Issues » Car and Vehicle Accidents » Accidents » Can You Sue Another Driver After a Car Accident in Texas?
If you are injured or your vehicle is damaged in a car accident, you need to find a way to recover. To do this, you may want to consider suing the other driver involved in the accident. Car accidents can be emotional, physical, and financial. Not only can those involved face serious injuries with huge hospital bills, but these injuries may require ongoing medical attention and prevent you from working. In most cases, it is important that you speak with a Dallas car accident attorney as soon as possible.
Can You Sue In California For A Car Accident If You Are Not Hurt?
If you have been involved in a car accident you have two options. The first is a claim with another driver’s insurance company. Second, file a lawsuit against the other driver.
Most people will first try to settle with the insurance company by filing a claim, but often the insurance company will deny the claim or pay only a small amount and will not cover the full amount of the car accident. This usually happens when people decide to sue to get the money they deserve. When suing in Texas, even if you want the insurance company to pay, you must sue the other driver because you cannot sue the insurance company directly.
If you have tried to settle with the insurance company or have decided to go to trial, you should contact one of our Dallas car accident attorneys to learn about your options and advise on the best course of action for your case. Fill out the form to the right or read on to learn more.
If you are suing another driver following a car accident in Dallas, you must show the court that the other driver was negligent. To do this, all four requirements must be met. The situation is as follows.
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In general, everyone has a general duty to act as a reasonable person in the same or similar circumstances. When it comes to car accidents, you look to see if both drivers acted in the same or similar situations as the other drivers. Some drivers, such as truck drivers or bus drivers, have a higher level of care because they must work as truck or bus drivers.
The above duty is breached (or breached) when a person fails to act as a reasonable person. So for car accidents, you’re looking for behavior that other reasonable drivers wouldn’t engage in, like driving while texting.
There are two factors that indicate actual cause and proximate cause. Actual causation means that the car accident would not have occurred “but for” the other driver’s actions. Proximate course means that there is no proximate cause between the accident and the negligent conduct of the driver.
You must prove that the damage was caused by negligence. In a car accident, this can manifest itself through damage to your property or bodily injury to passengers.
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Texas follows the proportional fault (or proportional liability) method when calculating damages. In a car accident, often no one is 100% at fault. In some cases, this can mean that both drivers are at fault in a car accident. This means that the court will determine exactly how much each party must pay and then calculate damages and percentages.
For example, you are involved in a car accident and the court finds that the other driver is 70% responsible but 30% negligent for the car accident. If the total compensation you want is $100,000, the court will only award the other driver 70% of that amount, so you can only collect $70,000.
Another important rule to be aware of is that Texas applies the 51% rule. This law states that if the injured party is responsible for more than 50% of the damages, even if it is only 1% above the 50%, the injured party is completely barred from recovering from the other driver. This means that even if you can prove that the other driver was 49% responsible, since you were at fault for more than half of the accident, you will not be able to recover anything.
A Dallas car accident attorney can help you choose the best course of action for your specific case. If you are looking for an attorney who can negotiate with the other driver’s insurance company or someone who can defend you in court, the first thing you should do is talk to an attorney. Don’t waste time after an accident, speak with a Dallas car accident attorney today by calling (469) 998-4069 or filling out our contact form. Personal injury is a special law that applies to suing someone after a car accident. Special requirements apply to filing a claim against an injured driver for lost pain and suffering
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