Negligence and Fault for car accidents
If you are involved in a car accident in California, you might find that you suddenly have a lot of expenses related to the incident. You may not have to pay for the cost of a crash on your own. Negligence and fault determine who is responsible for covering the cost of a wreck.
n a car accident scenario, a person can be negligent by doing something that he or she should not have done (for example, running a red light or speeding), or by failing to do something that he or she should have done (for example, failing to yield, not stopping for a pedestrian, or forgetting to turn on headlights.
A careless action or inaction that leads to a crash and causes injuries could make someone negligent and responsible for the harm victims suffer. Showing that a driver was negligent involves four components. The good news is that you could receive compensation for your injuries in California if the other driver shares any responsibility.
Duty: On the road, drivers owe others a basic standard of care. This means that drivers are expected to act safely and use reasonable caution when operating a vehicle. Examples of unreasonable behavior include texting and driving or speeding.
Breach: A breach happens when failing to act the way one’s duty requires. If a driver does something that a responsible driver would not do, this person could be negligent if a wreck occurs. For example, the average motorist knows not to text and drive because this behavior could injure someone.
Causation: Negligence must be what caused a victim’s injuries. A driver acting illegally could face criminal charges but not civil charges if this driver’s actions did not harm anyone or cause property damage.
Damages: The compensation one receives is based on the damages a driver caused. Damages could include medical expenses, time off from work and even emotional pain, and suffering.
Recklessness could also make one at fault for a crash. This happens when one disregards someone’s safety and is similar to negligence. With recklessness, one knows or should know that his or her actions are risky and could hurt someone. Drunk driving or drag racing are two types of reckless behavior.
Negligence and recklessness are the most common types of fault involved in car accidents. To show that a driver is at fault, police reports, witness statements and state laws may be used. In most instances, rear-end collisions are the fault of the driver who strikes the other while left-turn collisions are the fault of the driver taking the left turn.
Pause before celebrating if it seems like another driver is responsible for an accident. Even if another motorist was texting and driving, you could still share fault if you were also distracted or not wearing a seat belt. The good news is that you could receive compensation for your injuries in California if the other driver shares any responsibility. If an injured party is 10 percent at fault for an accident, 10 percent of the total damages awarded are deducted to reflect this person’s role. To show that a driver is at fault, police reports, witness statements and state laws may be used.
Was the Goodyear accident involving a bicyclist and F-250 truck intentional?
The most common cause of bicycle accidents is collisions with motorists, according to the National Highway Traffic Safety Administration (NHTSA). Unfortunately, a large percentage of those collisions involve serious injuries or fatalities.
That was the tragic case with the Goodyear, AZ accident involving bicyclist and an F-250 truck. It happened early one morning on the Cotton Lane Bridge as the driver of the F-250 was on his way to work. The next thing anyone knows, there were 2 fatalities and 19 cyclists were seriously injured, 1 of which was in critical condition.
Here’s what we know about the Goodyear, AZ accident involving bicyclist and F-250.
The Morning of the Accident
Early that morning 20 cyclists were riding over Cotton Lane Bridge in Goodyear, Arizona. The weather was clear and did not present any obstructions. Police did perform a blood test and have not charged the driver with driving under the influence.
At the same time, a young gentleman was on his way to the jobsite in his Ford F-250. The truck drifted into the next lane crashing into the 20 riders causing the Goodyear, AZ accident involving bicyclist.
As a result of the accident, 19 bicyclists were seriously injured and 1 was left in critical condition. Sadly, there were also 2 fatalities that day. None of this should have happened because it was all preventable.
What May Have Caused the Accident
The police chief in charge of the investigation made a statement nearly 48 hours after the accident. At that time, 1 cyclist was still in critical condition at the hospital. After preliminary investigation, the police chief said that the accident did not appear to be an intentional act of any kind.
While the driver of the F-250 was charged with multiple violations due to the Goodyear, AZ accident involving bicyclist, intoxication was not one of those charges. Police did perform a blood test and have not charged the driver with driving under the influence.
The driver of the F-250 said that the steering wheel on the truck suddenly locked up. According to his statement, the steering wheel froze as he was driving over the bridge leaving him with no way to control the truck. He watched in horror as the truck drifted into another lane causing the Goodyear, AZ accident involving bicyclist.
Goodyear, AZ Accident Involving Bicyclist a Wake-Up Call to Ford F-250 Owners
Consumers have filed a class action lawsuit naming the Ford Motor Company alleging that the steering and control function of the F-250 truck has been directly and negatively impacted. They allege that the Goodyear, AZ accident involving bicyclist and other accidents could have been avoided if the suspension in the F-250 truck had been properly manufactured and inspected for safety.
If you own a Ford f-250 and have experienced issues with the steering or suspension in the truck which led to injuries or even just a question of safety, then partner with the professionals at the McCune Law Group. You may be eligible to join the class action lawsuit previously filed by consumers. The Goodyear, AZ accident involving bicyclist never should have happened and it’s important to prevent similar incidents.
Should I Contact a Civil Rights Lawyer if my Civil Rights Have Been Violated?
Individuals are granted freedoms by the constitution and these freedoms should never be violated. Unfortunately, some large companies and government officials violate other people’s civil rights. If you believe your rights have been violated, you should hire an attorney experienced in civil rights cases who can guide you through the whole process of seeking compensation. Moreover, if you want to proceed with a violation case, then you will have to prove that a protected right was violated. The constitution contains specific rights under the civil rights law which are regarded as protected rights.
For instance, an individual should never be discriminated against based on his or her, age, race, sex, religion, pregnancy, veteran status, sexual orientation, family status, disability, and national origin. In addition, every citizen in a democracy has civil liberties that include the freedom of speech and freedom of the press. In addition, every citizen has the freedom to vote and the freedom to practice the religion they desire.
What should I do after facing discrimination?
If your constitutional rights were violated, then you can do the following.
Many disputes can be solved without taking them to court. Sometimes you just need an informal negotiation to avoid the long legal process. For example, if you are being discriminated against at work, you can call for a meeting between you, your employer, and your attorney to solve the issue. Your employer may agree to stop discriminating against you and compensate you for the pain and suffering caused, and you may agree to never sue the employer over the issue.
Report to the government
Another alternative is to file a violation claim with the federal or state government. After you have filed the complaint, the government will investigate your violation claims and act on your behalf to protect you from any discrimination in the future. They will go over the evidence thoroughly to see what went wrong. They will make sure that you get the justice you deserve. It’s best to keep track of all the evidence during the duration of your case. You don’t want any details to slip through the cracks.
Pursue a private lawsuit
You can also sue the responsible party for the losses you have suffered from the violation. However, if you decide to pursue this option, then you should know whether you need to file the lawsuit at the state or federal court. However, this will depend on the specific details of your case. It’s best to research the best civil rights legal team there is in your area. They will have all the information necessary to move your case forward.
Hire a civil rights lawyer
A civil rights lawyer will protect groups and individuals from discrimination and violations by suing the wrongful parties and conducting settlement negotiations. Therefore, if your constitutional liberties have been violated, then you should hire an attorney. The attorney can help you if you have faced discrimination because of your religion, race, disability, or gender. Some of the common cases of violations include but are not limited to; cruel and unusual punishment, unreasonable searches and seizures, being abused by a public official, being fired due to discrimination, and any discrimination which is based on superficial quality or belief.
Since most of these laws are complicated, it may be hard for you to prove a violation. Furthermore, if your discrimination claim is contested, your case can take a very long. Therefore, you should retain an attorney who can expedite your case and help you win it. They will make sure you get the justice you deserve. Especially when it comes to dealing with a case like this. It’s best to find the right legal team that will fight for you.
What Should I Do After a Car Accident in Boca Raton, FL?
No matter how trivial or serious a car accident is, cautionary steps should be taken to ensure the safety of both you and the other parties involved. It’s best to keep yourself covered in these types of situations. This includes exchanging information with other involved parties, seeking medical care as soon as possible, and contacting your insurance company to report the accident. Doing this will ensure that you are taken care of in the legal sense. We have discussed below in more detail the steps that you should take.
Seeking Medical Assistance
Some car crash victims might assume that their injuries are minor and choose to forego medical care. However, it’s important to remember that some symptoms of car accident-related injuries may not manifest until days or even weeks later. In unlucky cases, it often results in serious injuries like broken bones, whiplash, scrapes, internal bleeding, herniated discs, and traumatic brain injuries. It is also not uncommon for victims to suffer from psychological trauma, including post-traumatic stress disorder (PTSD) and survivor’s guilt. Therefore, it is best to seek medical attention immediately to ensure that any potential injuries are documented and treated. Additionally, any medical intervention could act as proof to support personal injury claims.
Exchange Information with Other Involved Parties
Regardless of the circumstance, it is essential to obtain relevant details from all parties associated with an accident. Exchange names and contact information as well as insurance policies and license numbers for each driver involved, including their vehicle registration plate number plus the make, model, and color of each car. If the crash was serious, resulting in extensive property damage or fatalities, engaging with law enforcement is of utmost importance. If it was a hit-and-run incident, then you should try to write down a description of the car and identify any potential witnesses to the incident.
Contact Your Insurance Company
It’s best to contact your insurance company as soon as possible, as this will not only ensure that the claim is filed promptly, but also that your rights are protected. This can include speaking to the claims adjuster about medical bills and property damage, as well as providing a statement about the incident. In some cases, you might have to discuss legal matters with a lawyer if your insurance company fails to offer adequate compensation for your damages. A car accident lawyer at Kogan & DiSalvo in Boca Raton, FL will be of invaluable help in going through the process of filing an insurance claim and pursuing a personal injury lawsuit if required.
Document the Scene and Gather the Necessary Evidence
Whereas speaking with witnesses and filing a police report are crucial steps, it is also important to document the scene of the accident. Several factors could influence the outcome of a personal injury claim. You must gather whatever evidence is available. This includes taking photos of the accident scene, damage to vehicles, and any visible injuries. Having these types of evidence can help build a good case, especially if the accident was not your fault.
No one anticipates getting into a car accident, and it’s important to follow the necessary steps after being involved in one. Focus on exchanging information with other parties involved, seek medical attention, and file an insurance claim. It’s also crucial that you document the scene, gather the necessary evidence, and engage legal services to ensure that your personal injury claim is complete and accurate. Having a competent lawyer on your side will help the case go smoothly.
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