Understanding Car Accident Law

Car accident law refers to those legal underpinnings and guidelines that help determine who is at fault in a car accident and the extent to which such damages can be compensated in the event of a car accident. This field of law confines itself to the principles of negligence as they are applicable to specific personal injury cases that may be brought to the court for determination. Just like other cases that deal with or invoke negligence law, litigation involving car accidents is entirely covered by the state law.

The state law requires that accident victims prove the four basic elements, including duty, causation, breach, and harm. Duty means that drivers are legally bound to obey the traffic rules and operate their cars in a manner that is reasonable. This has to do with the driver ensuring that he or she drives safely without speeding, maintaining control, observing traffic signals and laws, as well as exercising awareness and care.

The existence of a duty of care is usually accepted widely since every person who takes on driving a vehicle takes the duty in his or her hands. Therefore, there is no doubt that such a person ought to accept the obligation or owes a duty of care to the passengers and other road users. However, the plaintiff will be expected to provide evidence that the defendant breached the duty bestowed on him or her.

On the other hand, a breach can be established by evidence provided by statements by eyewitnesses, traffic surveillance video as well as the admission of fault by the defendant. In other cases, the plaintiff may fall back to circumstantial evidence, such as blood alcohol record, skid marks and such other evidence that can prove his or her case.

However, the fact that the defendant was undoubtedly under duty does not mean that he or she breached that duty and that such led to the harm. This means that the plaintiff must prove the most critical element of causation. When such a time comes, medical testimony or reports that are consistent with the nature of the accident will come in handy to demonstrate the cause-effect existing between the breach and the injuries sustained. The plaintiff will need to show that such injuries never existed before the occurrence of the accident.

Finally, the plaintiff must prove harm. No matter how reckless the defendant was while behind the wheels, the plaintiff does not have an express permission to or green light to bring a negligence lawsuit unless it is proven that such conduct caused damage or injuries. In other words, “near miss” cases do not stand the test of law. This means that you cannot say that you escaped death by a whisker and that you should be compensated on that basis. Once the plaintiff establishes that there was harm, he or she is entitled to compensation for the expenses, lost incomes, pain, anguish, and pain arising out of the defendant’s lack of duty of care.

You Need a Car Accident Lawyer to Prove Your Case

Demonstrating that you are entitled to compensation by proving the four critical elements can be a tricky affair, especially if you do not have any legal background. For this reason, it is important to hire a car accident lawyer to help prosecute your case if you have to win and obtain a favorable compensation.

Personal Injury Law On The News

Personal injury law has been very much on the news lately. CNN recently reported a whopping US$289-million jury award to a terminally ill man who claimed his cancer was caused by the chemicals in a very popular garden pesticide. In other news, a woman was awarded US$417-million for claiming that she acquired ovarian cancer from consistent use of Johnson’s talcum baby powder. These two landmark cases illustrate beyond reasonable doubt that the branch of law having to do with personal injury, can be a very lucrative profession, indeed.

What Is Personal Injury Law

This legal discipline concerns itself with the lawful persecution of individuals and entities who have caused undue bodily or mental harm either deliberately or accidentally. Judging from the popularity of class action suits lately, the law practice makes for an excellent professional career for those who are inclined to pursue a discipline that requires a lot of investment in time, effort and money. Going to law school, after all, is never cheap.

Finding the Best School for Legal Education

Also known as tort law, the pursuit of personal injury legislation and criminal prosecution certainly never comes cheap. Another glaring example is mesothelioma court cases, which are piling up by the dozens in courts of law over the world. Since the first court case against the evils of asbestos was filed, the law on personal injury has never been the same.

To find the best school for tort law, follow the money. The schools with the biggest number of alumni turned legal luminaries in class action suits will be your best bet. This makes published and otherwise reported litigation awards the smoking gun for who’s who in the legal industry.

What It Takes to be a Law Student

Lawyers spend many years poring through books, journals and academic papers to learn about the inner workings of their chosen discipline. Many of these students develop psychosomatic illnesses such as hyper acidity, obesity and carpal tunnel syndrome–just to name a few. So it’s a big wonder why, these students are yet to figure in a class action suit of their own.

Although pursuing the academic profession and subsequently having a case to work on is littered with untold challenges, a great reward awaits those who manage to persevere. From the outsider’s point of view, winning a lawsuit in defense of a client who feels that he or she has been wronged is a cut-and-dried procedure. On the inside, however, the whole legal pursuit effort can get rather labyrinthine.

And that’s why lawyers dock many hours working on the cases assigned to them in the hopes that someday, they may find the holy grail of their legal career. One may not emerge as the next celebrity lawyer. But, in the meantime, the pay is great so nobody can complain in the industry.

A Future So Bright and So Green

Compared to doing pro bono work or preparing notary public documentation, focusing on the legal aspects of personal injury can be so much more interesting. In recent years, an aspect of tort legal pursuit dealing with car accidents has been on a constant meteoric rise. Any budding academic may find this practice very appealing or worth training their jurisprudence guns on.