Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Unfortunately, car accidents are a common occurrence no matter where you live. Some of the more common causes of car accidents in Fremont involve driving under the influence, speeding, failing to obey traffic signs, nighttime driving, and driving in the wrong direction. Depending on the cause of the accident, the case may be investigated differently in comparison to others. A knowledgeable attorney may be available to offer assistance with filing a claim.
If the person at fault was found to be under the influence of alcohol or another substance, the victim may sue the defendant for punitive damages. Punitive damages are used to punish the driver for their outrageous and reckless conduct. In most cases, if driving under the influence was the cause of an accident, the value of the case would increase substantially. A jury may then be able to calculate punitive damages based on the evidence presented in court.
When the person liable for the auto wreck was speeding, the case could be impacted depending on how fast the driver was going. For example, if the driver was five or ten miles above the speed limit, it would have minimal impact on the case. However, if the driver was going 25 to 50 miles an hour over the speed limit, a jury could be less forgiving. Such speeds could cause a jury to label the defendant’s driving as reckless. If so, the victim may also sue the party at-fault for punitive damages.
When party at-fault for the crash failed to obey traffic signs, there may be no increase of the value of the case. This may only be examined when trying to establish liability in an injury claim.
When an accident is a result of driving at night, typically it would not have either a positive or a negative impact on the case. Even with adequate lighting, it may be a bit more difficult to drive at night. If the person liable for the accident was found to be driving negligently at night, the jury may be a little more understanding.
A case could be impacted when an accident is a result of driving in the wrong direction because that would be considered reckless and egregious conduct. Driving in the wrong directing usually increase the value of a case because that is considered so reckless or outrageous that a jury would tend to award more money to compensate the victim.
If you have been injured due to any of the common causes of car accidents in Fremont, it is highly recommended to consult with an experienced attorney. A lawyer could help you gather evidence, interview witnesses, and act as an advocate on your behalf when negotiating with a judge or the opposing party.
An attorney can also help with calculating damages, as well as determining whether or not it is worth going to trial. In some cases, it may be wise to accept a settlement as opposed to taking a case to trial. A lawyer can offer valuable guidance in an effort to get you the compensation you deserve.
Charles E. Boyk Law Offices, LLC