Liability is generally defined as an act or as an omission that resulted in harm to a person, according to Sette’s Stockton personal injury attorneys. But, liability is not a simple concept and accident lawyers representing an injured plaintiff must prove the defendant was indeed responsible for causing the accident in Stockton. A personal injury attorney is focused on winning fair compensation for the plaintiff who has experienced physical and financial losses as the result of an accident.
Our Stockton injury lawyers deal with a wide range of liability, from contractual to industrial accidents and car accidents. Injury attorneys specialize in this niche of law that is often challenging and complicated. For example, liability in a car accident might initially appear simple to establish. But, our Stockton personal injury lawyers know that many factors can affect the outcome of a lawsuit.
Let’s present a scenario: Our Stockton injury attorney gets a call from a woman, June, who was riding her bicycle through a marked cross walk when she was hit by a young man driving a truck. She tells Catherine, her Stockton personal injury lawyer, she thinks the driver was texting and didn’t see her. She received injuries to her neck and back in the accident. Her personal injury lawyer examines the medical report to verify this claim. June also gives her Stockton accident lawyer invoices for her mounting medical bills. She is clearly injured and financially harmed by the accident. It seems pretty straight forward, right?
But Catherine, her Stockton personal injury attorney is not so confident this is a simple case. Catherine asks June why she waited for two days before seeing a doctor. An experienced injury lawyer knows that the attorney for the driver will also question this hesitation. In our practice at Sette Law we emphasize how important it is that accident victims seek immediate medical attention. We know that some muscle injuries may not manifest for 24 hours or more, but our Stockton accident lawyers also anticipate the defendant’s personal injury attorney can allege the injuries were not caused by his client but perhaps happened earlier or after the accident. June’s accident attorney will have to firmly establish the direct link between the accident and the injuries in light of the fact that June didn’t ask for prompt medical attention.
And, there’s another challenge for June’s injury lawyer to tackle. The defendant says that June pulled out in front of him and that, after the accident, she apologized, saying she was distracted by a call on her cell phone. Her Stockton injury attorney now has to counter June’s statement – that could been regarded as admission of fault in the accident. Our personal injury lawyers know that the best response to an accident is silence! Anything beyond the exchange of basic information is discouraged. Based on experience with many clients, our Stockton accident attorneys know that emotionally charged situations like car accidents can lead to people saying things they will later regret. In June’s case, that polite apology adds to the other burden she’s put on her Stockton injury attorney. Now Catherine has to explain both the comment as well as June’s failure to get immediate medical attention.
Our Stockton personal injury lawyers know that no one can totally prepare for an accident. But, with a little presence of mind, victims can protect themselves after a Stockton car accident. Attorneys advise crash victims to document the scene with cell phone pictures or videos, to get badge and report numbers from law enforcement and to immediately call a Stockton accident lawyer. Keep emotions under control and conversation down to a minimum. Save the details for your personal injury lawyer.
Principle of Shared Liability
Stockton personal injury attorneys may also find that responsibility for injuries does not rest solely with the driver in a car accident. June’s lawyer, for example, may discover that the driver was delivering items for his employer in Stockton. Injury attorneys are well versed in Vicarious Liability in which an employer, under many circumstances, will share responsibility for an accident caused by an employee. When June’s Stockton injury lawyer has overcome the previous objections regarding her statements and medical condition, the injury lawyer may establish the Statutory Liability of the business owner who hired the delivery driver in Stockton.
Personal injury lawyers say that business owners assume a great deal of responsibility in such cases. But, if June’s injury attorney is successful in establishing shared liability, she will not be fully compensated for her injuries from each source. Instead, her Stockton injury attorney will seek to establish a reasonable shared percentage for each party.
Further Liability Risks for Car Owners in Stockton
Our accident lawyers say that owners who loan their cars to friends and family may face serious consequences if the driver is involved in an accident. Attorneys say this is true if the driver is just an acquaintance or a son or daughter. In the case of children, a parent may face a charge of Negligent Entrustment due to awareness the child was an inexperienced driver in Stockton. Our injury attorneys explain that parents are likely in a position to also know their child may be reckless and at risk of a car accident. Lawyers for an injured person may seek damages from a parent by showing relevant evidence and testimony.
There are a few classes of drivers that laws consider unfit to drive, including people suffering severe illness, those using drugs or alcohol and drivers lacking a license in Stockton. But personal injury attorneys say that many other factors contribute to liability for Stockton car accidents. Our injury attorneys face the complexities of liability law on a daily basis, even with an accident that on the surface appears to be open-and-shut for a victim of a Stockton car accident. Personal injury lawyers understand the many requirements of proving liability, as well as the defense that will be offered by a defendant’s accident attorney.
As Stockton personal injury attorneys we seek to represent the best interest of our clients through a thorough understanding of liability law and our highly effective legal practice.