Long Beach Motor Vehicle Accident Lawyer

All Motorists Have a Duty of Care to Keep Others Safe on the Road

The Legal Information Institute (LII) explains the term “duty of care,” which is the principle that all people must “act in the same manner as a reasonably prudent person in their position would.” People who drive motor vehicles have a duty of care to others on the road and must follow traffic laws to maintain safety and order.

An action that increases the risk of an accident may be considered a breach of duty of care. A motorist (or another party) may also breach their duty of care by failing to take measures that could decrease the risk of an accident, such as ensuring that their vehicle is safe for driving.

The National Highway Traffic Safety Administration (NHTSA) lists several “risky driving” behaviors that would breach a driver’s duty of care. These actions include:

• Distracted driving, which may involve eating, drinking, taking photographs or videos, posting on social media, and texting
• Speeding
• Driving too close to the vehicle in front of yours
• Making dangerous turns and lane changes
• Failing to stay in your lane whenever you are not changing lanes intentionally
• Driving under the influence of alcohol
• Driving under the influence of one or more drugs
• Failing to use headlights as appropriate
• Failing to ensure a vehicle’s tires, lights, mirrors, brakes, and other critical components are in working condition
• Driving on parts of the road where doing so is dangerous or illegal

Other behaviors and failures not listed might make a motorist liable for damages in an accident.

Motorists may not be the only ones responsible for an accident. For example, a motorist’s employer might share fault for an accident if the motorist was working at the time of the accident. Other examples of potentially liable parties include a municipality may if the accident was caused by unsafe road conditions or a vehicle or parts manufacturer if the accident was caused by defective vehicle components.

A Long Beach motor vehicle accident lawyer may review your case to determine who may be liable for your accident. Call the Law Office of Cohen & Jaffe, LLP today at (866) 878-6774 to find out how else a lawyer and their team may assist you after an accident.

Many Personal Injury Lawyers Work on a Contingency Fee Basis

The personal injury lawyer you hire may manage your claim or lawsuit from start to finish. Your lawyer may handle communications and other legal aspects of your case, and they may also do so without asking for any attorney’s fees upfront.

Many personal injury lawyers charge their fees based on contingency, which means you may be able to retain a lawyer without having to pay out of pocket for their services. The American Bar Association (ABA) explains that in a contingency fee arrangement:

• You do not pay your lawyer upfront
• You do not pay your lawyer out of your own pocket
• Your lawyer only collects compensation for their services if they provide you with a successful outcome, such as a settlement or a judgment in your favor
• Your lawyer may collect their fee as a percentage of your winnings
• You and your lawyer may agree to their percentage fee before they begin representing you

The fact that your lawyer only gets paid if you win means that they have a clear personal incentive for securing a positive outcome for you or your loved one. Because you do not have to pay any attorney’s fees out of pocket, you may receive the benefits of legal representation regardless of your financial situation.

How a Lawyer May Earn Their Fee

In exchange for a percentage of your winnings, your lawyer may handle the entirety or significant majority of your insurance claim or lawsuit. If you decide to bring a personal injury or wrongful death claim or lawsuit, your lawyer may:

• Hire experts to testify that you are the victim of negligence
• Collect evidence related to your accident
• Interview witnesses and record their accounts
• File your claim or lawsuit
• Deal with insurance companies or lawyers on your behalf
• Defend your rights
• Handle the strategy for pursuing compensation
• Answer your questions and concerns
• Calculate your losses and negotiate a settlement

If your lawyer is not able to reach a settlement, they may proceed to trial and complete your case that way. Your lawyer may prove their worth by securing compensation for your losses, which might include:

• Medical costs
• Pain and suffering
• Lost income
• Permanent disability
• Scarring and disfigurement
• Damage to personal property
• The loss of a loved one

Your lawyer will aim to secure awards for any accident-related losses that you or your loved one suffered and may suffer in the future.

Call the Law Office of Cohen & Jaffe, LLP Today

A Long Beach motor vehicle accident lawyer will keep your legal interests in mind, defending your rights and seeking the compensation that you need after an accident. Call the Law Office of Cohen & Jaffe, LLP today at (866) 878-6774 for a free consultation.