Carpool Accident Attorneys serving Los Angeles area
In our overpriced economy and high gas prices, individuals and families turn to carpooling as way to economically save money and help reduce carbon footprints. Whether individuals and families are carpooling to work to take advantage of a high occupancy vehicle lane on a highway or carpool a mini-van full of kids to soccer practice, this in essence has made carpooling a popular trend.
Therefore, a majority of drivers in today’s modern world are more likely to deduce that carpooling is a win-win situation. However, when an auto accident occurs in these random situations, we are left with surprise and devastation. Although, assessing liability can be complex, it’s best to turn to an experienced carpool accident lawyer in Los Angeles to be by our side.
Comparative Negligence of Carpool Accident
When you are the driver of a carpool you are requires being extra cautious because you are carrying additional passengers in your vehicle. In most cases, the driver of the vehicle has a duty to operate the vehicle with responsibility and care. Unfortunately, the driver of the vehicle is solely liable in the event of a car accident. If the injury results from the accident, the driver may be accused of operating the vehicle negligently. Drivers that fail to do so may be liable for any in results to the injuries endured and maybe obligated to pay for damages.
However, under certain exceptions to this general rule, in some cases, the legal doctrine known as contributory negligence may be applicable. Comparative negligence essentially says that a certain percentage of faults can be divided among everyone involved in the car accident. Depending on the situation, this can include a passenger. California is a Comparative Negligence State: Comparative negligence is when the defendants' negligence is weighed with another parties contributing negligence and damages are apportioned according to each party's degree of fault.
When a passenger does something to distract the driver causing them to lose their focus and crash - that passenger can be liable for his or her percentage of fault. If you were the passenger (or even driver) of a vehicle that was in a collision that was caused by another passenger's distraction, an accident attorney can help you recover damages.
Comparative Negligence of Passengers Examples
There is a magnitude of circumstances where the passenger may cause a car accident. In most cases, it can involve distracting the driver. A passenger spilling a hot cup of coffee on the driver causing the driver to swerve into another lane or rear-end another vehicle is one example.
Another instance involves a front-seat passenger attempting to move a briefcase or something similar from the backseat into the front. The passenger accidentally hits the driver, causing the driver to lose control of the vehicle and crash.
Many other circumstances like these often lead to the application of the comparative negligence doctrine.
Comparative Negligence in Los Angeles
Los Angeles has an interesting history when it comes to this specific type of negligence law. Originally, the state implemented comparative negligence and barred a victim from receiving compensation if it was determined that the victim held any responsibility for the injury.
Legislatures responded to growing criticism of this practice, ultimately passing a law that changed this practice. The state today no longer bars a victim's recovery for compensation to cover damages in this instance. Instead, damages are determined based on a complex mathematical formula.
Part of the formula assesses a passenger's role in the accident and now diminishes the amount of damages available dependent on how much the passenger's action contributed to the accident.
The passenger's percentage of fault is determined by a court or jury applying this formula while taking the facts of the case into consideration.
You Don’t Pay Until You Win.
Contact a Carpool Accident Attorneys in Los Angeles to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our Carpool Accident Lawyers will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
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If you are in a need a attorney to help you get appropriate compensation and medical care you deserve, you should contact an attorney today. Our experienced lawyers in Los Angeles will help you find the solutions you need for your legal issues.
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