San Rafael Car Accident Lawyer
Car accidents happen every day in San Rafael. While many of these crashes are minor, some of them leave accident victims with serious injuries that are extremely painful and costly. When a negligent driver was the cause of the accident, victims can file a claim against that driver or the insurance company to secure compensation to help with their recovery. Although it may be clear to accident victims that someone else was at fault in causing their injuries, they will have to prove it to claim the compensation they deserve. To do so, accident victims should always speak to a San Rafael car accident lawyer for help.Determining Liability in a Car Accident Claim
Like in all other personal injury claims, there are four elements of proof in car accident cases. A plaintiff, or accident victim, must prove all four points in order for their claim to be successful. The four elements of proof include:
- Duty: This element of proof is typically easier to prove in car accident claim than other personal injury cases. All drivers have a duty to drive their vehicle in a safe and reasonable manner.
- Breach: A breach of duty indicates that another driver was negligent. Negligence is a careless or reckless act, such as texting and driving or distracted driving.
- Causation: Another driver acting negligently is not enough to file a claim. Accident victims must show a direct link between their injuries and the act of negligence. In other words, accident victims must prove that another driver caused their crash.
- Damages: Personal injury claims are meant to compensate accident victims for the damages, or losses, they sustained. If there are no damages, there is nothing requiring compensation.
Even when an accident victim can prove these elements, the other side is likely to argue that the accident victims were partly to blame. This can greatly reduce the amount of compensation a victim receives and is just one reason it is so important for injured individuals to speak to a car accident attorney in San Rafael before moving forward with a claim.What to do After a Car Accident
The moments after a serious car crash are confusing, but the steps taken at this point can greatly impact an accident claim. After a car crash, it is of the utmost importance that victims:
- Call 911 or the local police department to report the accident
- Call for medical treatment
- Take photos of the accident scene, the other vehicles involved, and any injuries they sustained
- Exchange names, contact information, driver’s license number, and insurance information with any other drivers involved
- Write down the names and contact information of any witnesses
As soon as possible, it is also important to speak to a San Rafael car accident lawyer. An attorney will deal with the insurance company and advise accident victims of the next steps they should take.We can Help With Your Case
If you have been in a car accident, do not make the mistake of thinking the insurance company will cooperate with you. Insurers are notorious for trying to reduce and deny the claims of accident victims. At Willoughby Brod, LLP, a car accident attorney in San Rafael will help you hold the insurance companies accountable for paying the compensation you deserve. Call us today at (800) 427-7020 to schedule a free consultation with one of our attorneys.