Seeking Punitive Damages after a Car Crash. How to Navigate a Personal Injury Case

Any car accident can be a confusing and shocking event. It could be an extreme head-on collision with a drunk driver or something as simple as getting rear-ended in bad weather. The first thing to do in any situation is to make sure everyone is OK. Determine the extent of any injuries and call for help from the emergency services. Once you’ve done that, the next question is who’s to blame. Determining blame after a car accident is essential if you plan to file a personal injury claim. Proving negligence can help you receive the compensation you deserve. However, it might not be 100% their fault.

Blaming The Other Driver

Naturally, the first instinct with any car accident is to place blame on the other driver. There are many ways that drivers can be deemed as the ones to blame for a car accident and forced to pay damages to the injured party. It might not be obvious at the moment of the crash exactly why it happened. At that point, you may be more concerned with determining the extent of any injuries and damage to your car, calling the emergency services, and getting insurance information. Once you start building a case with a personal injury lawyer, you’ll find out more about the wider circumstances. Maybe the other driver was distracted due to texting, or they were under the influence of a substance. Other times, the cause will be immediately obvious, such as a driver running a red light or driving at excessive speed. Whatever the cause of the accident, you must make a strong case with clear evidence because they will do the same in their defense. You don’t want the law of pure comparative negligence working against you.

Comparative Negligence In Car Accident Lawsuits

Car accident cases aren’t always as black and white as one driver is 100% to blame for an accident. It could be that there is some degree of shared blame because of the circumstances surrounding the accident. In these cases, car accident lawyers can take advantage of something called pure comparative negligence. Only 13 states in America use this rule to determine blame.

The idea is that damages are determined by the percentage of the blame, which means that both parties could end up paying out in some form. One driver may be seen as being 80% to blame because of distracted or reckless driving issues and because they obviously caused the most physical damage. This becomes more obvious if a claimant has serious injuries from a collision because the defendant drove into them. However, it could be that the claimant was 20% to blame themselves, which could significantly influence the final ruling. That 20% could come down to them not being completely aware of their surroundings and not getting out of the other car’s way. Perhaps the claimant was on their phone or making an illegal turn when a speeding or intoxicated driver entered them.

There are questions about how fair this system is when you have someone who’s suffering from mental trauma deemed to be 5% responsible. The negative emotions and financial implications could be damaging. Still, skilled personal injury lawyers in California can ensure clients get the best result possible with as much gathered supporting evidence as possible.

Other People To Blame In Car Accident Cases

There are other factors to consider when claiming compensation after a car accident. Even if a court rules that the other driver doesn’t hold much blame for what happened, you may be able to claim damages from other sources. One example is to sue the government authority in charge of the roads. Let’s say you ended up in a collision at a junction or intersection, but you both believed to have been in the right. Was the crash due to a lack of signage or faulty lights rather than any driver impairment or negligence? Or how about getting rear-ended on a winter night? Was it the fault of the other driver for not stopping in time, or was it the fault of the highway department for not gritting the road or putting out warning signs? Maybe it’s a little of both.

Another option is to make a claim against the manufacturer of a car or the garage that last serviced it. Those rear-end collisions or failures to stop at a light may be due to faulty brakes rather than a lack of attention or high speed. Of course, if you cause a collision because of a broken indicator light that you knew about, that’s on you. We’re talking about cases where a mechanic’s fault or negligence caused something a driver would be unaware of. Once this appears to be the case and the driver is cleared of wrongdoing, you can consider making a claim there instead.

Then, there are the times when a driver is deemed responsible for their accidents, but others may also be at fault and liable. A typical example of this is car accidents involving DUI charges. Drivers who get behind the wheel while intoxicated are to blame for their actions and should pay considerable damages for any harm caused to other drivers and pedestrians. However, families seeking damages for severe financial loss or even wrongful death can also go after the bars that served the driver. They may be deemed partly responsible if they knew the guilty driver was over the limit but continued to serve them.

Making A Claim

Whatever situation you find yourself in, you need to be sure you have a skilled California personal injury lawyer on your side. With their help, you can create a case that showcases the fault of the other parties involved and shows how you weren’t to blame. You can compile evidence from the scene and police report to point the finger in the right direction while also explaining all the pain and suffering the accident caused. Hopefully, with this expert lawyer presenting the case, you should get the compensation you deserve.