Thursday, December 13, 2012

The Other Driver’s Not Always the One Liable for Your Injuries

California Car Accident | Liability on car accident
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If you are involved in an accident caused by someone else’s negligence, you must remember that understanding your rights, duties, and responsibilities as a victim is critical. As such, you must pursue a claim against the other driver whom you believe is at fault for the accident.

In most vehicle accident cases, the one who breached or violated the duty of care is the one responsible for the accident. However, if you plan to pursue a claim against the other driver, you must prove the following:

•    There exists a duty of care. Every reasonable driver makes it a point to operate the vehicle in the safest manner possible to avoid causing injuries to other people or damaging properties.
•    There was a breach of duty of care. It would technically make the other driver liable for the accident.
•    To be able to attain compensation from the driver, you must have sustained injuries as a result of the accident.

However, there are times when the other driver is not always the one liable for you injuries. In fact, someone who is not present at the scene could be the one responsible for the damages and the injuries you sustained.

You might found out in the investigation of the accident that the driver actually borrowed his or her car from someone else. Given that the owner of the car gave permission to the driver to use the car, your case won’t necessarily go up in flames. In fact, you may still file a claim, but the liability won’t be placed on the driver anymore, but on the owner of the vehicle.

One of the states that have laws regarding such circumstances is the State of California. There, if the user gets involved in an accident, the owner won’t be rendered liable for unlimited damages. It means that the driver has limited liability, depending on the result of the accident.

But if the owner permitted someone who is not licensed or is not qualified to drive, he or she may be rendered liable for unlimited damages. To know whom you can sue in case such situation arises, it is best that you hire a Los Angeles car accident attorney so that your claim gets firmly established. With an established claim, you will have better chances of getting fair amount of monetary compensation from the liable party so you could recover well from the accident.


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