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What are the basics of personal injury law in Los Angeles?

Car accident cases in Los Angeles, California come under the area of personal injury law. Personal injury lawsuits are “civil” law suits, not “criminal” law suits. That means that the goal of the lawsuit is to compensate the injured party for damages they have sustained as a result of the car accident, not to impose any criminal penalties on the at-fault driver. There are several different legal theories a car accident victim can assert against an at fault driver. The most applicable and common legal theory asserted in car accident cases is “negligence.”

If you assert a legal theory of negligence against an at-fault driver, you will be arguing that the at-fault driver did not act as a reasonable prudent person should have acted under similar circumstances. To prove that an at-fault driver acted negligently, you will have to show that:
- The driver owe you a duty of care;
- The driver breached his/her duty of care;
- The driver’s breach of his/her duty of care caused your injury; and
- You were in fact injured.

To give you a simplified example, lets say you were driving down a two lane road. Suddenly, an at-fault driver on your left speeds in to your lane and smashes in to the left side of your car. Because of the collision, you hurt your neck and back, and your car is damaged. If you were to assert negligence against the at-fault driver, you would argue the following:
The driver owe you a duty of care:
• A reasonable prudent driver would not merge in to a lane without doing so safely. A reasonable prudent driver would inspect if there were any other vehicles in the lane which he/she wishes to merge in to, and would do so at a safe speed.
The driver breached his/her duty of care:
• Here, the at-fault driver did not safely merge in to your lane because he/she did not properly check to see if any other vehicles were in the lane, and merged in to the lane at a high rate speed.
The driver’s breach of his/her duty of care caused your injury:
• You suffered an injured neck and back, as well as vehicle damage because the at-fault driver did not properly check to see if any other vehicles were in your lane, and merged in to your lane at a high rate speed.
You were in fact injured:
• You injured your neck and back, as well as property damage to your vehicle.

If you have been in a car accident in Los Angeles, the experienced and friendly Los Angeles car accident lawyers at California Attorney Group can help you. Our car accident lawyers have dealt with hundreds of car accident cases. We know how to aggressively fight for your legal rights, and will employ our network of experts and medical professionals to aid you in getting the best settlement offer you may be entitled to for your injuries. If you have any questions about your car accident, or specifically personal injury law, please contact us toll free at 1-800-337-8547., and we will be happy to discuss your case with your in detail.