Minor fender benders happen every day across the country with only slight harm caused to the people involved. Sometimes, however, an accident is much more serious. When an accident results in severe injuries or death, there is an urgent need to determine fault, or negligence, in the crash. The responsible party should be required to pay injuries and damages caused by the accident. Sometimes, the cause of the accident is not immediately evident. In complex situations, accident reconstruction may be necessary to determine exactly how the accident happened.
Determining the Cause of an Accident
One of the most important concerns, especially in serious crashes, is finding out precisely how an accident occurred. Sometimes the drivers are severely injured, or have died, and are not able to provide information. When they are able to do so, they may not remember the details of the accident. Furthermore, there may be no witnesses and no surveillance video that shows the impact. For these reasons, a full investigation into the cause of the accident is warranted.
California Comparative Negligence Law
California is one of a handful of states that utilizes comparative negligence when considering responsibility for accidents. In cases that go to court, a judge assigns a percentage of responsibility to each party. It is essential to provide evidence that proves how the accident occurred so that the proper assignment of negligence will be made.
Collision Investigation and Reconstruction
After an accident, you may find that there is no clear determination of how the accident happened, or who caused it. In cases such as these, your attorney may request the services of an accident reconstruction specialist. Accident reconstruction professionals will examine all of the documentation regarding the accident to determine how it occurred. In many cases, the team must return to the precise spot of the accident to recreate what happened prior to, during, and after the accident.
The reconstruction professionals will inspect the road, look for skid marks, and other details that help to indicate what occurred. Precise measurements and video will be used to document the reconstruction. Then, it can be further evaluated. Sometimes, the police do some immediate reconstruction activities before the scene is completely cleaned up. This can help to piece together how the incident happened, and in what order everything occurred. This will help to assign responsibility to each party.
Personal Injury Lawsuit
Those who are seriously hurt in a vehicle accident should seek legal assistance. The victim is entitled to compensation for injuries and for other damages that occurred because of the crash. Some examples of compensable items include medical expenses, money for pain and suffering, lost wages, and future medical care. If the injury is disabling, the victim may also request money for the loss of enjoyment of life. If you were hurt in an accident, talk to the experienced lawyers at Brod Law Firm to get answers to your questions and discuss your situation. Call us today at 800-427-7020 for a free consultation.
(image courtesy of Glyn Baker)