Westlake Village Automobile Accident Attorneys
The Westlake Village automobile accident attorneys of Freeman & Freeman have decades of experience representing injured drivers and passengers. We have recovered justice and compensation for our clients throughout Los Angeles and across Southern California and we may be able to do the same for you. For a free consultation with experienced automobile accident attorneys in Westlake Village, call us at 818-992-2919.
Regardless of the cause of your accident, driver negligence, poor road conditions, vehicle malfunction, excessive speed, failure to follow motor vehicle laws, or driving while intoxicated, we may be able to obtain maximum compensation on your behalf. If you or a loved one has suffered injury as a result of an automobile accident in Westlake Village you should contact an experienced automobile accident attorney as soon as possible. At the Law Offices of Freeman & Freeman, we will fully investigate your accident and explore every potential avenue of recovery against those responsible for your injuries.
Call our automobile accident attorney today for a free case evaluation.
Determining Fault In An Automobile Accident
The determination of fault is probably the most critical element of any automobile accident claim. The injured party, or plaintiff, must show that the person causing the accident was negligent. This can be established if the negligent driver violated the California Vehicle Code or if his or her actions fell below the standard of care (how a reasonable person operating a motor vehicle would act in the same circumstances). In court, a plaintiff must prove that:
- the other driver failed to used a reasonable degree of care in operating his or her automobile; and
- the other driver’s negligence was the cause in fact of the plaintiff’s injuries and damages.
Pure Comparative Negligence In California
California has adopted a measure of damages called pure comparative negligence. This legal doctrine provides that if an injured party is partially at fault for causing his or her own injuries, the amount of damages that person can recover is reduced by the percentage of his or her own fault. For example, if a plaintiff is injured by another driver who ran a stop sign, a jury might still find the plaintiff 10% at fault if he or she was speeding at the time of the accident. In that case any damages awarded to the plaintiff would be reduced by 10%.
Who Is Liable In An Automobile Accident?
In most automobile accident cases, another driver is found liable because he or she was negligent in the operation of their automobile. He or she might be speeding, driving aggressively, failing to obey traffic laws, or driving while intoxicated. In these circumstances, the owner of the automobile as well as the insurer may also be sued for damages. Other potential responsible parties may include:
- The manufacturer or retailer of the automobile or one of its components. If the accident was caused by a defective part or a defective design, the manufacturer or retailer may be responsible in a products liability action.
- State or local governments. If the accident was caused by defective roads, warning signs, or defective road design a governmental entity may be liable because it has the responsibility for designing and maintaining safe public roadways.
What Damages Are Recoverable?
Victims of automobile accidents may recover a number of different types of damages, depending upon the circumstances surrounding the accident. Some possible types of damages might include:
- medical costs, including future medical and rehabilitative expenses;
- lost wages;
- loss of earning capacity;
- pain and suffering;
- loss of consortium (loss of companionship and sexual relations between spouses);
- property damages;
- punitive damages (may be possible in cases of drunk driving accidents)
- funeral and burial expenses in cases of wrongful death.
If you or a loved one has been injured, or a family member has been killed as a result of an automobile accident in Los Angeles, California, you may have grounds for a personal injury or wrongful death lawsuit. Due to your injuries, you may not be able to work. Your financial security may also be at risk as you face extensive medical expenses and loss of wages. It is therefore essential that you retain an automobile accident attorney that regularly handles automobile accident injury claims in Los Angeles, California and is prepared to file a lawsuit if the insurance company is not willing to fairly settle you claim. Our Los Angeles automobile accident lawyers at the Law Office of Freeman & Freeman have the experience to effectively handle any personal injury claim arising from an automobile accident. We will aggressively fight to protect your rights and to obtain the compensation that you deserve. Call our automobile accident attorney today for a free case evaluation.