Santa Barbara Car Accident Lawyer
Personal injury claims are common throughout Santa Barbara but of all the different types, those involving car accidents are by far the most common. Car accidents in Santa Barbara are governed by tort law, which means if another driver caused your crash, you can file a claim with their insurance company to recover financial compensation, legally known as damages, for any losses you suffered. It is easy to assume that fault for a crash lies with one of the drivers at the scene. However, this is not always the case and in fact, there are many entities who can be liable for a car accident. Once the liable party has been identified, it is also very common for them to try to shift the blame, at least partially, to the accident victim. They do this in an effort to shield themselves from being held accountable for paying full damages. Our Santa Barbara car accident lawyer will not let them get away with these tactics, so you recover the full settlement you deserve.Determining Liability for Car Accidents in Santa Barbara
Like most other personal injury claims in Santa Barbara, those involving car accidents rely on proving negligence. Negligence refers to a failure to take reasonable care to ensure that other people remain safe. Distracted driving, drunk driving, speeding, and failing to yield are just some of the most common examples of negligence that result in car crashes. To hold negligent parties liable for paying full damages after an accident, you must establish for elements of your case. These include:
- The defendant owed you a duty of care to act in a reasonable and safe manner,
- The defendant breached that duty by acting negligently,
- The breach, or negligent act, caused the crash, and
- You suffered injuries and other damages as a result.
The only element that is fairly easy to prove after a car crash is duty of care, as everyone owes others around them a duty to act safely and not cause harm. The other elements, on the other hand, can be very challenging to prove. Our Santa Barbara car accident attorney knows how to prove these elements so you can obtain the fair damages to which you are entitled.Comparative Negligence and Car Accidents
Negligent parties often try to blame victims for car accidents. They may argue that the victim cut them off, was distracted, or otherwise contributed to the crash. They do this because if they are successful, it will reduce the total amount of damages they will have to pay.
Santa Barbara, like the rest of California, is governed by pure comparative fault law. Under this law, accident victims can still file a claim for damages even if they were 99% at fault for a crash. However, any damages victims are awarded are reduced by their same percentage of fault. It is important to work with a car accident attorney in Santa Barbara who can defend against these claims and prove you do not carry any fault for the crash so you recover the full and fair settlementto which you are entitled.Our Car Accident Lawyer in Santa Barbara is Here to Help
If you have been hurt in a crash, our Santa Barbara car accident lawyer at Brod Law Firm will put his expertise to work on your case so you obtain the maximum compensation you deserve. Call us now at (800) 427-7020 or fill out our online form to schedule a free review of your case.