Oakland is a busy city with hectic traffic conditions. There are over 153,790 households in Oakland, and each household has at least one car. Car accidents are inevitable in busy cities like Oakland.
Suppose you are the victim of a car accident Oakland CA; it’s critical to contact a reputed car accident attorney as soon as possible. Car accident victims may be eligible for compensation provided they can prove negligence. However, it would take expert legal knowledge and extensive experience to establish negligence in a car accident case in Oakland, CA.
What is “Negligence”?
Negligence means one or both parties involved in the accident exhibited careless or unsafe driving behavior, which, in turn, caused the accident. If both parties showed negligence, the situation is called comparative negligence.
The court computes the percentage of responsibility of “at fault” drivers to decide eligibility for compensation and computes the amount of compensation. Hence proving negligence is critical to compensation discharge. Your lawyer will help you establish and prove the other party’s negligence using evidence and submissions.
The California DMV has strict regulations in place to prevent avoidable car accidents. Drivers are expected to show responsible driving behavior. The California Civil Code, Section 1741, deals with the concept of “ordinary care.” Drivers are expected to exercise ordinary care and prudence while driving.
Elements of Negligence
Proving negligence in a car accident in Oakland, CA, is a challenging task. An expert lawyer who deals in car accident cases every day can help you prove the other party’s negligence. There are four significant points that your attorney will use to prove negligence in court.
Failure to Exercise Ordinary Care
Your lawyer will try to establish that the other party failed to exercise due action or care to ensure your safety. It is easy to prove this point if the other driver was driving under the influence of alcohol or drugs. Licensed drivers should exercise due care to ensure their safety and the safety of other drivers, cyclists, and pedestrians.
Breach of Duty
When a licensed driver fails to ensure the safety of other drivers or pedestrians, there is a breach of legal duty. If the other motorist was unable to stop, slow down or steer to another direction to avoid the accident, the driver has failed to try to protect the safety of others using the road.
Causation of the Accident
Your lawyer will try to prove that specific actions or non-actions of the other driver “caused” the accident. The “proximate cause” of your accident or injury is a critical consideration.
If the other driver failed to stop the vehicle in time or collided with your vehicle because of overspeeding, these actions would be considered the causes of the accident. Your attorney will establish that the other driver caused the accident.
Injury or Damages
The type and intensity of damage are considered when trying to establish the cause of the injury. The compensation amount would depend on the severity of your injury or property damage.
Work with an Experienced Lawyer
A reputed Oakland car accident lawyer can help you with your Oakland car accident case. Over 76% of Oakland’s population is more than 18 years old and old enough to drive. Working with an expert car accident lawyer can help you boost your chances of receiving compensation.