Motor vehicle collisions in San Marcos and throughout Southern California can be devastating, whether they occur on a freeway or on a neighborhood street. In the immediate aftermath of a crash, it can be difficult to think about anything other than getting the medical treatment you need and healing enough to return to work. Yet once you have begun to recover from your injuries, or once you realize that your bills are piling up because of your inability to get back to your job, you should begin thinking about filing a car accident claim. Who can you sue for injuries you sustained in a traffic collision?
The answer to that question will vary depending upon the particular circumstances of your case. Our San Marcos auto accident lawyers want to provide you with more information about parties that may be liable.
Most often, another driver is responsible for a car crash that results in serious injuries. A motorist can be liable for a collision for a wide variety of reasons, including but not limited to intoxicated driving, aggressive driving, road rage, fatigued driving, or distracted driving. Even in situations in which a collision occurs in inclement weather, the motorist who caused the crash might not have been driving in a reasonably safe manner given the conditions and still may be liable. For example, the driver may have been traveling at too high a speed or following too closely under the hazardous driving conditions.
Although collisions involving pedestrians often result from a driver’s negligence, pedestrians can also cause accidents in some cases. Most often, a pedestrian can be responsible for an accident if the pedestrian was distracted at the time of the crash. In situations where a pedestrian’s negligence causes an accident—such as a pedestrian stepping into oncoming traffic because he is texting, leading a motor vehicle to swerve sharply into another vehicle to avoid striking the pedestrian—that pedestrian could be liable for the collision.
Maker of a Defective Auto Part
Auto accidents can also happen because of product defects. The designer, manufacturer, or retailer of a vehicle (or one of its parts) may be responsible for injuries if their product defect caused the crash.
Negligent Property Owners
Sometimes car crashes also occur because of hazards on the property. For example, if a property owner failed to identify a flooded area of a roadway or parking lot, or if a property owner failed to clear debris from an area, that property owner may be liable for injuries if the hazardous condition on the premises caused the collision. Under California law, an injured plaintiff must be able to prove that the property owner failed to “exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm.”
Seek Advice From a Car Accident Lawyer in San Marcos
Depending upon the circumstances of your auto accident injuries, you may be able to file a lawsuit against one or more parties in order to seek compensation for your losses. One of our experienced San Marcos car accident attorneys can discuss your case with you today. Contact the Walton Law Firm for more information about the services we provide in Southern California.
See Related Blog Posts:
E-Bike Accidents in Encinitas: What You Should Know
Women and Traumatic Brain Injury Recovery