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A Look at Liability and Accident Law in Folsom

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Personal injury attorneys must possess keen expertise in proving, or disproving, liability in a wide range of cases. At Sette Law Office our Folsom personal injury lawyer explains that liability is comprehensive and covers many facets of law for our clients in Folsom .

Personal injury lawyers advocating for the plaintiff are charged with proving a defendant is responsible for an act or omission that caused harm. If the evidence of liability is clear our Folsom personal injury attorney may justify compensation for the losses suffered by their client. But, proving liability, even for a seasoned personal injury attorney, is a complicated and rigorous process for legal professionals in Folsom .


Personal injury Lawyers Face High Bar

One of the first principles our Folsom personal injury attorney approachs is “duty to act.” This means it’s necessary to show the defendant didn’t fulfill his or her duty, and that failure directly caused the plaintiff’s personal injury. Attorneys for the defendant, of course, will seek to convince a judge or jury otherwise. According to our Folsom personal injury lawyers the harm done can range from breach of a contract to a crime or serious car accident. An attorney should be well versed in all variations of liability law when advising clients in Folsom .

Personal injury lawyers should be a) prepared to show the plaintiff had a duty to act; b) the plaintiff didn’t fulfill that responsibility; c) that failure of duty led to personal injury or harm of the client. Folsom personal injury attorneys often deal with cases that involve more than one plaintiff, known as joint liability. Together as a unit, defendants may be responsible and, at the same time, separately (severally) liable for a personal injury. Attorneys say that in such cases a plaintiff can’t claim full financial recovery from both parties. Our Folsom personal injury and accident lawyers offer this hypothetical scenario:

The driver of a delivery truck for a company makes an illegal right turn and hits a bike rider, causing serious injuries and months of recovery. She loses her job and is unable to pay her bills. Her Folsom personal injury lawyer will not only look to prove the driver’s liability, but also that of the company employing the driver in Folsom . Her personal injury attorney will show the driver breached his duty of care and that his negligence directly led to her personal injury. Her lawyer establishes the right to sue to driver, but the owner of the delivery truck may also be liable under personal injury law. Her Folsom personal injury lawyer will help to determine to what extent this liability is shared. Even though the truck owner may not have breached duty of care, he has “statutory liability” in a court in Folsom . A personal injury lawyer will be aware of such relationships when advocating for a client.


Once Removed from an Accident in Folsom ?

Personal injury attorneys caution business owners to be aware of their potential liability in a car accident which involves an employee. The principle of “vicarious liability” may apply when an employee driving a company-owned vehicle is involved in an accident in Folsom . Personal injury lawyers will look for evidence of reckless driving or other negligence on behalf of the driver who was working at the time of the accident. Our Folsom accident attorneys say this is a common element in personal injury law and employers should be aware of this liability risk. However, our personal injury attorney emphasizes that the employee must be acting on behalf of the employer for this dual liability to be recognized by a court in Folsom . Accident lawyers say that if an employee is driving a company vehicle off-hours, without employer okay, the company would likely not be held liable. A personal injury attorney for the plaintiff will verify whether or not the accident occurred on legitimate company business or outside company regulations.

In Folsom , personal injury lawyers caution, it’s also possible that parents may be liable for accidents caused by their minor children. There are a number of conditions that may apply including when parents know their child is incompetent to drive in Folsom . Accident lawyers say this can include knowledge that the minor is reckless or inexperienced. This situation is often described as “Negligent entrustment,” according to our Folsom personal injury lawyers.

Individuals who loan their cars to other drivers may also assume responsibility for accidents. Personal injury attorneys explain that many states don’t need the employer-employee relationship to place responsibility with the car owner – simple permission to drive the car is enough.

But wait, it gets even riskier! Folsom personal injury attorneys say that if a person loans a car to a driver who is unfit, incompetent or reckless, the owner may be taking a big gamble if there’s an accident. If personal injury lawyers prove the driver caused the accident, the vehicle owner could share liability for resulting damages and injuries. Our Folsom personal injury lawyers say that this, too, is known as Negligent Entrustment.

Clearly, vehicle owners accept a great deal of responsibility, according to our Folsom accident attorneys. And fundamental to protecting themselves from liability is having good judgment before the occurrence of a Folsom car accident. Personal injury attorneys explain that law generally considers the following drivers unfit behind the wheel: Those who are ill, impaired by alcohol or drugs, inexperienced under-age or unlicensed or known to drive recklessly in Folsom . Accident attorneys for the plaintiff will look for any of these factors to determine liability, and car owners who lend vehicles are clearing taking a risk.


Post-Crash Behavior Critical in Folsom Accidents

Personal injury lawyers who have handled many accident lawsuits advise people involved to remain calm and say as little as possible after a car accident. Our accident attorneys know that a misspoken phrase can play a big role in court and perhaps impact the outcome of a car accident case. Personal injury lawyers report that even a simple apology might be interpreted as admission of blame. Instead, our Folsom accident attorneys advise people to record comments, and take photos and videos of the crash scene. Based on our experience as Folsom car accident attorneys, we know that memory alone may not be sufficient in a court of law. And, under the stress of a car crash, people may easily forget key elements of a Folsom car accident. An attorney should be among the first people called after a crash that causes personal injury.





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IF YOU OR A LOVED ONE HAS BEEN INJURED IN A WORK RELATED ACCIDENT,
IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.

CALL OUR Folsom PERSONAL INJURY LAWYER
Frederick J. Sette AT (916) 442-0000


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This website is for general information only about personal injury attorneys and does not constitute a client/lawyer relationship. If you believe that you are entitled to personal injury compensation, contact Frederick Sette. He is an experienced Sacramento personal injury and car accident attorney who is devoted to protecting victims of personal injury in Fairfield, Modesto, Sacramento, Stockton, Napa and surrounding California cities.

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