Victorville Car Accident Attorney

Auto Accident Lawyers in Victorville

There’s a finger pointing at you. It’s the metaphorical finger that assigns fault for a car accident. You feel cornered and compelled to hire a Victorville car accident lawyer.

In legal terms, finger-pointing is known as negligence. It’s usually the basis of car accident claims. Learn all about this important concept by reading on.

Getting a Victorville Car Accident Lawyer

What is negligence? It’s a scenario in which someone hasn’t acted with reasonable care. That resulted in unintentional injury or harm to someone else.

In car accidents, negligence is inattentiveness or carelessness behind the wheel. Victims of negligence may receive compensation for lost wages, suffering and pain, property damage, and injuries.

To prove a negligence claim, the plaintiff has to prove the defendant’s duty, breach of duty, the cause of their injury, and damages. Let’s take a look at each of these elements in turn.

First, there’s the duty of the defendant (the driver). The plaintiff must prove that the defendant had a legal duty of care to them. This is pretty easy to prove because the law makes drivers obey traffic laws and use care.

The next element is a breach of duty. The plaintiff has to prove that the defendant broke their duty to drive safely. That means they acted without appropriate caution.

For example, a driver could run a red light, not use turn signals or speed.

Negligence Elements

After a breach of duty, the next element of negligence is that the plaintiff must prove that the breach of duty resulted in their harm. For instance, a motorist who takes their eyes off the road to send a text message may be unaware that their car has gone into oncoming traffic.

If an accident harms or injures someone, the injured party may say that the accident wouldn’t have happened but for the defendant’s inattention. This is known as the but-for test.

Last but not least, we have damages. The claim of negligence must include an estimate of all the costs and losses related to the accident. Those who a negligent driver has injured may be entitled to compensation.

Negligence takes many forms. It manifests itself in fatigued driving, alcohol impairment, distracted driving, speeding, and tailgating. Not yielding the right-of-way counts as negligence too.

Driver negligence leads to a variety of accidents. It can cause rear-end collisions, head-on accidents, sideswipes, and rollover accidents. Broadside (T-bone) crashes happen too.

One of your first calls after a crash should be to a Victorville car accident attorney.