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Negligence, Liability, and Distracted Driving Car Accidents

Individuals who have been injured in a car accident in San Jose have the right to take legal recourse. By filing a personal injury claim, victims and their families can work toward holding at-fault parties accountable for causing an accident and financially liable for compensating victims. Although these legal pathways are available and while victims have every right to be compensated fairly, the unfortunate truth is that full compensation is never guaranteed.

Given the challenges that can arise during the legal process – including claims disputed by insurance companies – victims should be intent on working with legal representation. When it comes to distracted driving accidents, experienced legal counsel becomes a necessity.

As with all personal injury claims involving car accidents, victims – or their attorneys – must prove several legal elements in order to establish fault and liability. In cases involving car accidents caused by distracted drivers, it is important to remember the following:

  • Distracted driving – in all forms – is a dangerous and negligent act.
  • A reasonable driver should know that distracted driving places others in danger.
  • Some forms of distracted driving – including texting while driving – are illegal.
  • All drivers have the legal duty to keep others on the road free from preventable harm.

By touching upon these few points – and by comparing them to the unique circumstances of a case – Attorney Caroline Nasseri can work toward demonstrating that a distracted driver failed to uphold their duty to drive safely (acted negligently), was responsible for causing an accident, and must be held liable for compensating victims. Successfully illustrating these elements can allow victims to recover compensation for any physical, financial, and / or emotional damages they suffered.

With decades of legal experience, Attorney Caroline J Nasseri has shown that she has the insight, the skills, and the determination to prove fault and liability in car accident cases. Attorney Nasseri is prepared to answer your questions during a free consultation. You can also learn more about the personal injury claim process by visiting our car accident FAQ page.

If you would like to learn more about your case and how you can hold a distracted driver liable for your losses, please request your free case evaluation by calling (408) 912-2217.