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Accident Liability: Determining Legal Responsibility

Liability, Accidents, and Carelessness

If you’ve been involved in an accident or suffered an injury, determining the legal responsibility,(or liability), for the incident may be a difficult and complex task. You must prove that someone was negligent or careless and that this negligence is what caused the accident. A mere belief on your part is not enough, you and your lawyer must present evidence to support your claim even if it seems obvious to you as to the negligence of the other party.

Most accidents are not random occurrences. They happen as a result of negligence or carelessness wholly on the part of one party or another. However, both parties may contribute to the accident and in varying degrees. One party may be more responsible and the other less responsible and vice versa. The more responsible party will be liable for at least a portion of the damages suffered by the less responsible party.

Legal liability for almost all accidents is determined by this basic principle or rule of carelessness, and by one or more of the following examples:

If the injured person was where he or she was not supposed to be, or somewhere he or she should have expected the kind of activity which caused the accident, the person who caused the accident might not be liable because that person had no “duty” to be careful toward the injured person.

If the injured person was also careless, his or her compensation may be reduced by the extent such carelessness was also responsible for the accident. This is known as comparative negligence.

If a negligent person causes an accident while working for someone else, the employer may also be legally responsible for the accident.

If an accident is caused on property that is dangerous because it is poorly built or maintained, the owner of the property is liable for being careless in maintaining the property, regardless of whether he or she actually created the dangerous condition.

If an accident is caused by a defective product, the manufacturer and seller of the product, the liability lies with both parties  even if the injured person doesn’t know which one was careless in creating or allowing the defect, or exactly how the defect happened.

If you need to prove accident liability in your personal injury case , you need the services of a Personal Injury Lawyer in Los Angeles. Please contact us at (323) 947-2224 or visit the Personal Injury section on our website at the DAG Law Firm. Call today and we will connect you with Daniel A. Gibalevich, an experienced, aggressive, affordable Personal Injury Attorney in Los Angeles. After you have spoken with our Los Angeles Personal Injury Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of Personal Injury Law, we can help! Call us now at (323) 947-2224. We look forward to hearing from you and assisting you with any and all Personal Injury Law needs.

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