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Car Accident

Personal injury caused by car accident


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As a leading cause of deaths, car accidents are the number one source of personal injury claims in the United States.

Many car accidents occur due to negligence on the part of one of the drivers involved. If you or someone you love has been injured in a car accident that was caused by the negligence of another party, you may have a valid compensation claim for medical expenses, pain and suffering and other damages. The skilled legal staff at The Law Office of Pelayo Duran can help you to assess the validity of any claim you may be considering.


Car Accidents and the Law

As a legal matter, a car accident occurs when a passenger car (convertible, sedan or station wagon) is involved in an event or series of events that causes harm, such as property damage, traumatic injury and/or death. Approximately 80% of car accidents occur between two or more vehicles, while the remaining approximately 20% are the result of a collision with a stationery object. Most motor vehicle accidents involve an element of negligence, corresponding to a specific traffic law violation.

 

miami-car-accident-injury-attorneyNegligence in car accidents

In order for compensation to be paid through a court award, negligence must usually be proven. Negligence is a legal term that means someone has failed to act in a way that could reasonably be expected to exercise care and responsibility. When a car crash has occurred, negligence is found in facts derived from eyewitness testimony, police reports, expert witness testimony, photographs and sketches of the crash scene. Proof of negligence means showing that: Someone's carelessness has caused the car accident; the car accident caused harm; and the party at fault can be held responsible for paying compensation for the harm done.

In some cases it may be found that more than one party involved in the accident is at fault. In such cases liability may be distributed among the negligent parties according to percentage of fault. This is referred to as comparative negligence.


Factors Contributing to Car Accidents

A number of factors contribute to car accidents, and many are the result of some form of negligence. Some of the most common are: Driving While Distracted, Traffic Law Violations, Driver Error, Equipment Failure, Road Conditions and Road Design.


When You Need a Personal Injury Attorney

If you or someone in your family have been injured as a result of a car accident, you can rely on The Law Office of Pelayo Duran to represent your interests in court. Contact us today for a free legal consultation.

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