The right knowledge is half the battle already won, so be prepared at all times.
Accidents happen, sometimes for no fault of your own! In California, car accidents are the most common police reports registered. It may surprise you to know that during 2021 alone, there were close to 57,500 car crashes reported across the state of California, resulting in 3786 fatalities in total (Source).
If you go by the law of probability, you are likely to end up in more than two car crashes or accidents at some point in your life. However, if you have the proper legal assistance from the best personal injury lawyers in California, you can win your car accident case in court and get reasonable compensation for your damages. Today, we will take a look at some surefire steps that can help to strengthen your car accident case against the perpetrator!
Important Steps to Follow to Win Your Car Accident Case
The following steps or procedures are a must-do if you wish to see some form of reparations for the trouble you go through:
Prove Negligence of Duty
When on the road, whether it is a pedestrian or a driver, everyone has a duty of care according to California state law. This implies that everyone must take care that their actions do not hamper the normal functioning of other people’s lives.
Thus, the first step is to prove that the person you are suing was indeed driving the car at the moment of the accident. You can use any form of video footage to prove this in court. Once proven, you must also show that the person responsible for the accident was in breach of said duty.
Your lawyer must provide corroborating evidence showing that the said person was negligent towards their duty. The natural argument would be that a civically responsible person would not be exceeding the speed limit or driving under the influence of alcohol or drugs.
Show Actual Causation
Causation is the legal principle that binds a person to their actions irrevocably. It is important to show to the jury in court, as it helps to negate any counterarguments that the defending side may make. Proving causation beyond a doubt helps your chances of winning the case greatly, as the perpetrator is tied to their actions. If causation is not proven, the opposing side is liable to argue that the actions of a third party, absent in court, indirectly caused the accident.
Get Statements of Neutral Witnesses
If you are otherwise capable of functioning normally after the accident, irrespective of steps taken by police, you should take a statement from nearby witnesses. Such statements are considered neutral and are freely admissible in court. It will help to strengthen your case further against the defendant. Such statements may be recorded in digital format. Having a dashcam installed is another sure way to get visual footage in case of an accident, so you have evidence ready at hand.
Procure Relevant 911 Records
Once a 911 call goes out, everything that follows is recorded in some manner. Moreover, these call logs are public records under the California Public Records Act (Source), and as such, the police are legally bound to provide you with a copy. 911 calls often contain key bits of information regarding the accident, how it happened, and the potential cause of the event. This can help you prove your case in court beyond reasonable doubt.
Determination of Liability
Another important thing to remember is the element of liability determination. Under California state law, the liability for the accident may be handed out to both parties in varying percentages. In other words, the court may find you equally guilty as the defendant, in which case compensation is to be given by both parties. Thus, it is important to prove that guilt lies solely with the defendant and not you at an early stage.
Get a Good Accident Lawyer
As with everything else, if you wish to win your accident case in California, go for the best personal injury lawyers in California, who will leave no stone unturned in helping you have your day in court!
So those are the things to take care of if you ever encounter a car accident in California! The right knowledge is half the battle already won, so be prepared at all times. Drive safely and responsibly, and whenever in need, reach out to the best lawyers in California!