Most auto accidents in El Centro result from driver negligence. Under the law of negligence, all drivers have a duty to exercise reasonable care in the operation of a motor vehicle on public streets and highways in the United States. Failure to exercise reasonable care may give rise to legal liability in auto accident cases. When determining whether a driver was negligent, courts will look to various factors, including the following:
•Was the driver speeding at the time of the accident?
•Was the driver under the influence of drugs or alcohol?
•Was the driver distracted, using a cell phone, or text messaging?
•Did the driver fail to exercise caution, such as failing to signal before turning or failing to use headlights when appropriate?
•Did the driver disobey traffic laws, such as failing to stop at a red light or driving on the wrong side of the road?
•Did the driver disregard weather or traffic conditions?
•Was the driver engaging in reckless behavior, such as drag racing or aggressive driving?
The extent of the driver's negligence, along with the nature of the injuries sustained, will ultimately determine the amount an injured person may recover. In addition, the courts may consider the negligence of all parties involved in the accident, including the negligence of the injured person, in determining the amount of damages awarded.
In some states, the injured party may not have a claim where his or her own negligence was partially to blame for the accident. In other states, such negligence will only reduce the total amount which can be recovered. In all cases, it's important to have a knowledgeable attorney who will explain all possible avenues for recovery.
Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. A knowledgeable El Centro auto accident attorney can investigate every possible contributing cause of your accident to help ensure that you receive full compensation for your injuries. When you hire Kerckhoff Law, APC, we will take over the investigation of your case so that you can focus on recovering from your injuries. We can assist you in finding an appropriate medical specialist to treat you, and we can make arrangements with your medical care providers to wait for payment until your case is resolved through settlement or trial.
If you or a loved one is a victim of an automobile accident, call Kerckhoff Law, APC now at (866) 606-3059.
Kerckhoff Law, APC is an El Cento personal injury law firm handling all types of serious accident cases throughout Iimperial County.
If you have been injured or lost a loved one due to an auto accident, brain injury, burn injury, motorcycle accident, truck accident, boating accident, dog bite attack, premises injury, or work injury, contact A. Jason Kerckhoff at 866-606-3059 for a free consultation with an experienced personal injury attorney.
