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.
In Stockton, car accident lawyers experience first-hand, some of the crucial mistakes made by injured parties at the scene of an accident. The minutes after an accident are often charged with emotion that, our personal injury attorneys say, can either help or harm subsequent claims for compensation by injured victims in Stockton.
Car accident lawyers at Sette Law advise victims to remain calm, quiet and observant. We are familiar with the natural urge to be angry or even apologetic after a Stockton car accident. But lawyers explain that a simple apology might, in a court of law, be perceived as an admission of responsibility for the car accident. Injury lawyers, consequently, say it is wisest to say very little beyond the essential exchange of information after a Stockton car accident.
Conversely, lawyers advise accident victims to listen, observe and record the aftermath of the car accident. Our personal injury attorneys, like most people today, depend on their Smart Phones. Individuals involved in car accidents can also use the technology to capture details that a personal injury lawyer may later use to help them recoup medical costs and damages from the driver at-fault in the Stockton car accident. Our attorneys can reference photos and videos taken at the accident scene – cell phone pictures of damages, road conditions and other factors that may have played a role in the Stockton car accident. Lawyers (and law enforcement) know that human recall is often imprecise, particularly at after a car accident. Injury attorneys at Sette Law suggest people use the recording device on their phones to capture information, comments and observations at the scene. In addition, it’s helpful to record the names of law enforcement officers and report numbers to facilitate the work of our Stockton personal injury lawyers on your behalf.
No one wants a lengthy drama after a car accident. But, car accident lawyers say it’s important to be examined for injuries, either at the scene of immediately after. Personal injury attorneys know that if a plaintiff refuses medical care or fails to seek it, a defendant’s accident attorney may suggest to a court that you were not harmed in the car accident. Further, our Stockton car accident lawyers know that some injuries are often not immediately apparent. Whip lash (common in car crashes) may not bother a victim until days after the car accident. Our lawyers therefore advise victims to take the simple precaution of being checked out immediately after a Stockton car accident so lawyers have evidence of your medical concern.
When car accident victims can stay reasonable and focused in the highly charged environment of an accident, our personal injury attorneys can work faster and more efficiently toward a resolution that compensates victims for financial losses from a Stockton car accident.
Lawyers have High Bar to prove Driver Liability in Stockton
Accident attorneys must satisfy four principles to establish liability in a car accident. Courts, based on state law, want Stockton personal injury lawyers to present evidence of causation, harm, duty and breach – four core principles. Causation means that your accident injury attorney can directly link your injuries to the actions of the defendant. To support this claim, your personal injury lawyer may ask a medical expert to testify about the cause of your injuries. If that testimony supports your claim, your Stockton injury attorney will have satisfied this category for the court.
The defendant’s personal injury lawyer may allege that your injury is unrelated to the car accident – perhaps received before or after the Stockton car accident. Your attorney will seek to prove the harm was, in fact, directly related to the accident. The ability to present this kind of evidence is just one reason why representation by a Stockton personal injury attorney is so important.
Much of the responsibility drivers share on the road is linked to the principle of ‘duty.’ Our Stockton injury lawyers say we all have an obligation to obey the rules of the road and operate vehicles safely. In fact, we often make the assumption that other drivers on the road will do so. But, as our accident injury lawyers well know, it’s not always the case. People do drive recklessly and with little regard for others on the road. Your Stockton personal injury attorney will work to affirm you, as the injured plaintiff, were driving in accordance to duty and that the defendant failed to do so.
This leads to proving breach – your injury attorney can establish facts about the plaintiff’s driving behavior that led to your accident. Lawyers may look at evidence from the scene of the crash – perhaps identifying skid marks that indicate high speeds, or submitting evidence the plaintiff tested positive for alcohol consumption after the Stockton car accident. Attorneys have access to reports and other evidence from police reports, as well as from witnesses.
A person injured in a car accident may feel their case is “open and shut” and opt to represent himself in court. But, our Stockton injury lawyers know that people without legal training and experience may find themselves overwhelmed by the legal system. Knowledge of court room dynamics and rules, the ability to satisfy the four court principles just outlined, and practice in examining witnesses and defendants in court, are attributes of qualified Stockton injury attorneys after many years of education and practice. Being able to step back from the emotion of an injury suffered in a car accident, a car accident lawyer can objectively look at the strengths and weaknesses of court room testimony and assess strategies to benefit the victim of a Stockton car accident. Injury lawyers have extensive experience in court, with juries and judges, and thus are able to work efficiently toward a resolution.
In addition, a personal injury attorney can protect car accident victims from potential abuse. Sometimes, without a Stockton injury lawyer, a defendant’s insurance company might offer a settlement that is less than fair to the victim of a car accident. A personal injury lawyer for the plaintiff can evaluate settlement offers to make certain the client is receiving just compensation.
In summary, our Stockton injury attorneys advise the victims of a car accident to apply the “listen-don’t-talk” strategy after an accident and make that all important call to a personal injury attorney.
Accidents happen. At Sette Law in Stockton our personal injury lawyers know this is a simple fact of life. But, when harm is done to a person through the negligence or intent of another person, the injured party should not have to bear the financial burden caused by an accident in Stockton. Personal injury attorneys are focused on “tort law.” It is our job to fully understand the many nuances and legal aspects of personal injury law to advocate for clients in Stockton. Personal injury law covers an almost endless array of circumstances.
Most people think of headline-grabbing cases such as the lawsuit against McDonald’s in 1994 for its dangerously hot coffee. But our Stockton personal injury lawyers know most cases never make headlines. Injuries suffered in everyday life such as car accidents, slip and fall, malpractice, wrongful death and dog bites are more common in Stockton. But, injury attorneys know the circumstances of each event will be unique. Consequently, our Stockton personal injury lawyers closely follow new cases across the nation to best represent clients in Stockton.
Injury attorneys are currently watching the development of emerging cases of lawsuits involving death and injury in vehicles with defects. The number of cases has been rising each passing week and being educated about those actions helps us to represent clients in Stockton. Our personal injury lawyers also pay attention to cases of libel and slander with new, emerging issues related to the use of the Internet to cause personal injury.
Attorneys point out that personal injury often involves harm that was accidental. It’s only when the accident was caused by negligence – or the creation of a dangerous environment – that litigation offers relief to victims in Stockton. Personal injury lawyers explain that people and entities (like businesses and corporations) have a Duty of Care. This is a legal obligation embedded in tort law and applies to all our Stockton personal injury cases. Lawyers must determine that harm was done due to a failure to exercise a “standard of reasonable care” in Stockton. Personal injury lawyers help establish the facts of such cases.
This principle applies to big corporations – like General Motors – and to individuals, such as dog owners in Stockton. Personal injury lawyers frequently deal with dog bite lawsuits. Dog owners have an obligation to the safety of the public. Dogs that are out of control and off-leash can caused serious injury and even death to dog bite victims in Stockton.
Our Personal injury lawyers reference cases nationwide to support clients in Stockton. Injury attorneys help clients to heal from physical, emotional and financial harm done to them due to personal injuries caused by negligence.
Lawyers know there are at least 2 sides to every story. This holds true as we look at car vs Bicycle accidents in Stockton. Injury attorneys also know that in such accidents, it’s usually the bicycle rider who sustains the most serious injuries. Nonetheless, as in car accidents, liability has to be established in cases brought to court in Stockton. Personal injury attorneys at Sette Law look at all the facts and evidence in a bicycle accident, knowing that bike riders, like car drivers, can make bad decisions and disobey traffic laws in Stockton.
Bicycle accident lawyers know that legal issues surrounding a bicycle accident are similar to those arising from automobile accident. In addition, our Stockton personal injury lawyers, also agree that safety laws and precepts governing both modes of transportation are analogous. The concept of “duty of reasonable care” applies to all drivers, meaning they must exercise care for all who share the road with them – other cars, pedestrians, motorcycles and bicycles on the streets of Stockton. Our Bicycle accident lawyers say a similar concept applies to bike riders. Traffic laws must be obeyed and care for the safety of others is a responsibility for bicyclists in Stockton. Injury attorneys remind riders and motorists that common courtesy and good judgment are essential to personal and community safety.
Asking the right Questions about Bicycle Accidents in Stockton
Personal injury lawyers in Stockton help to establish liability when working on behalf of a bicycle injury client. We investigate the circumstances of the accident, with our Stockton injury lawyer looking at the behavior of the driver of the car, as well as the actions of the bike rider who is also bound by traffic rules in Stockton. Bicycle accident lawyers must have information about both (or all) parties to an accident in Stockton. Injury lawyers can help establish liability or responsibility for an accident by knowing, for example, the bike rider was following traffic laws and not behaving in a reckless manner. Our Stockton personal injury attorneys explain that actions like riding the wrong way on a one-way street, ignoring stop signs or darting out into car traffic lanes are acts that put bicyclists at risk and can contribute to serious accidents.
Stockton injury lawyers say that motorist liability is also scrutinized. If witnesses report a driver was speeding or ignoring traffic signals, there may be an indication that driver negligence caused the accident in Stockton. Sette injury lawyers also check police logs for any citations issued around the time of the accident. If the driver had been ticketed for reckless driving or speeding, this could be used as evidence of liability for the bicycle vs. car accident in Stockton.
Injury Lawyers back Bicycle Safety
At Sette Law, our Stockton personal injury lawyers know that regardless of liability, it’s most often the bicycle rider most injured in a collision with a car. In researching bike accidents, our Stockton injury attorneys learned that at least fifteen percent of bike vs. car accidents result in traumatic brain injury. We also accessed research that concluded up to 88% of those brain injuries could be prevented if riders simply wore bicycle helmets in Stockton. Our injury attorneys strongly urge bike riders to protect themselves with approved bicycle helmets on the roadways of Stockton.
Bicycle accident lawyers emphasize that bike riders are vulnerable – speed plus a lack of protection for the body (and head) can have life changing, sometimes deadly, consequences.
There is one last remaining arena where politics, money and influence
cannot corrupt the outcome: the jury trial. Checks and balances was
the design of our three areas of government; legislature, office of the
president, and the supreme court. With the trend now going towards
whatever party is in majority in legislature backing or opposing the
party that’s in office of the president, and the presidential party
being able to appoint Supreme Court judges, this system has well, failed
itself. The jury trial has not.
Congratulations to Mr. Smerconish for going against the trend and
actually reporting the facts on a very significant matter, the failure
of GM to recall their vehicle line. This is an excellent expose of a
plaintiff’s personal injury attorney spending significant money to find
out why a young lady was killed. And the result of this attorney’s
efforts, as well as the expert that attorney hired, revealed a major
scandal: that one of our main automakers knowingly allowed dangerous
vehicles on the road to save .90 per vehicle. Tragic.
Despite what you read about, factually void
stories about spilled coffee, pants ruined at a dry cleaners, the fact
is that most plaintiff attorneys endure the scour of society for the
very reasons exemplified in this article: for the singular voice (in
this case the middle American family of the young woman who was killed)
could be heard and justice would be served. Personally, this story
alone fuels me to continue the very lonely war in pursuit of
Things to do after a car crash
1. First of all, try to not panic. In that type of a situation, cooler
heads prevail, and the more you're able to deal with the situation, I
think the better off you'll be.
2. Secondly, ensure the safety of yourself and others. In California, if
you're driving down the freeway, there are signs there that say if
you're involved in a minor fender-bender, please move to the side of the
freeway. And that's good advice. It it's situation where your vehicle
is drivable, if you can move it, I would move it out of harm's way. In
other words, if you're staying in the middle of the freeway, you're out
of a vehicle, cars are going by, there's a high likelihood, a distinct
chance that something else might happen, an another vehicle may hit you.
So by ensuring the safety of yourself and others, if you can, move the
vehicle out of any harm's way.
3. Photographs are a good idea, if you get a chance before moving your
vehicle, take photographs. All of us have phones now that you can pull
out and take photos of pretty much anything, high quality photos. Take a
photo of the damage to the vehicle, take a photo of the positions of
the vehicle, take photo of the damage to your vehicle, all of these will
help in the event there's a dispute to what actually happened.
4. Calling the police is a good idea, CHP a lot of times in the event
there is no major injury they won't come out, they won't take a report.
So you want to exchange all information with the other party. Most
significantly, if there is somebody that saw the accident, comes up to
you and says 'it's a horrible thing, it's not your fault', get that
person's information. It's crucial. A lot of the times people walk into
my office and they take it for granted that the police are going to find
that witness, they're going to get the witnesses information and take a
statement, a lot of time that doesn't happen. If you have a witness,
get their name, get their phone number, get that address, you want to
follow up with them in the even there's some dispute as how it actually
happened. Other than that, you've done all you can at the scene, if
you're injured, go get yourself proper medical care, and if necessary
contact personal injury attorney in Sacramento like myself at the Law
Office of Fred Sette a Auto Accident Attorney in Sacramento. I can be
reached at 916-710-8555 or fill out the contact form on our website.