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Home > Accident Attorney > WHAT MUST I PROVE TO WIN MY CAR ACCIDENT CASE?

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : December 22, 2021
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Posted on Friday, September 8th, 2017 at 12:31 am    

If you were injured in a traffic accident in California, you might be entitled to recover compensation from the other driver for your damages and injuries. However, you must prove that the other driver is liable for your damages. An experienced Sacramento car accident lawyer can help you gather the evidence necessary to prove the elements of liability in a personal injury case.

The Driver Owed You a Duty of Care

For the other driver to be liable, he must have owed a duty of care for your safety.  Since all drivers have a duty of care to obey the rules of the road and take reasonable steps to avoid injury another person, it is easy to show that the other driver owed a duty of care to you and all others on the road.

The Other Driver Breached His Duty of Care

The second element you must prove is a breach of the duty of care. In other words, the other driver did not live up to the standards of a reasonable person in a similar situation. In many car accidents cases, you can prove this element by proving the other driver did something to cause the car accident such as speeding, driving while distracted, drunk driving, reckless driving, failing to yield, tailgating, or driving the wrong way.

The Other Driver’s Actions Caused Your Injury

It is not sufficient to show the other driver caused the accident. You must prove that your injuries were sustained because of the crash. In other words, you would not have suffered this injury had it not been for the actions of the person who caused the collision. The accident would not have occurred if the driver had not acted the way that he did.

You Suffered Damages Because of Your Injuries

Suffering a physical injury is accepted as suffering damages because you suffer physical pain. To recover money for your damages, you must prove that they are related to the accident, your injuries, or your recovery.  For example, the property damage to your vehicle is a result of the collision. Your medical bills and lost wages are the result of your injuries sustained in the car crash caused by the other driver.

Damages in a Car Accident Claim

Once you prove that the other driver caused the crash, you were injured, and you suffered damages, you can demand compensation for those damages.  Common damages in a car accident claim include medical care, loss of income, property damage, physical pain, and emotional stress. The amount of compensation you may recover depends on several factors. Our attorney can discuss those in detail based on the specifics of your case during your free legal consultation.

Call a Sacramento Accident Attorney for a Free Appointment

To schedule a free consultation to discuss your accident claim, contact The Sacramento accident attorneys of the Tiemann Law Firm by telephone at (916) 999-9000 or by visiting our website.  Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.

Categories: Accident Attorney, Accident Injury, Attorney At Law, California, Car Accident

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Client Testimonials

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.