Any time an auto accident or personal injury occurs, the question of the hour is – who was at fault for the accident? To answer this question, a number of factors are taken into account. Fault is eventually determined by the judge assigned to the case.
This is a very critical assessment since the outcome of this determination directly puts the person/s responsible for the incident as the liable party and subsequently makes them responsible for financial compensation and possible criminal penalties.
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The judge may have the final say in who was at fault but will need to be presented with evidence and facts by the accident attorney of the plaintiff which will hugely influence the outcome of the decision. Therefore, it is extremely important that any one affected by an accident and seeking compensation hire a qualified and stellar San Jose truck accident law firm such as Mary Alexander and Associates to represent them and ensure that their case is handled effectively.
Why it is important to hire an exceptional accident lawyer
However, the case will only go to a civil court judge if and when the parties involved in the accident are unable to come to an agreement as to who was at fault. In case the parties agree on who was at fault, it is not necessary to escalate the case to a civil court, but this does not mean that an accident attorney is not required.
A lawyer will still be needed to ensure that their client is compensated fully and in a timely manner by either the negligent party or their auto insurance company or even if the victims own auto insurer will be responsible for compensation (as per law in no fault states), even in such cases a lawyer will be able to make sure that the settlement comes through without any hassles, insurance companies and their agents are very well trained to find a way to not pay up or pay the least amount possible in compensating a victim.
Make sure you do not receive the short end of the yard stick, get yourself a competent lawyer and receive every penny of what you rightfully deserve.
According to San Jose, CA truck accident attorneys, there are four conditions that need to be satisfied in order for an accident claim to be fully processed.
It is the duty of the plaintiff or the plaintiff’s legal counsel to establish and prove these four conditions:
- First, it has to be determined that there was a certain duty owed by the defendant to the plaintiff. Typically, in accident cases, the duty of the defendant would have been to drive or operate the motor vehicle in a safe and orderly manner with consideration for the safety of other motorists and pedestrians.
- Secondly, the complainants will also need to prove that the defendant breached this duty. This maybe in the form of evidence that the defendant was negligent by driving their truck recklessly, failing to maintain a suitable lookout, being impaired, or violating traffic rules.
- The third and fourth conditions revolve around causation and damages, wherein the complainants have to establish that the breach in duty directly caused damage to the plaintiff and that the plaintiff should be compensated for the said damages. Your San Jose, CA truck accident lawyer will help you every step of the way.
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