Accident lawyers, who often receive thousands of speeding ticket complaints, can be sued for wrongful death and wrongful injury.
These cases are often filed in the state of California, but there are some exceptions to the general rule.
In most cases, you need to prove a specific thing about the person, not the driver, and that the accident was caused by the driver’s fault.
The best case scenario, according to attorney Michael O’Connor, is that the driver is negligent, not malicious.
O’ Connor is a lawyer with the law firm O’Neill, O’Donnell, Olin, & Olin in Santa Monica, California.
He’s also a certified accident lawyer.
“There are a lot of wrongful death cases that go to trial, where the accident is so severe that the defendant is convicted and the person is sentenced to prison,” he said.
“If you’re a plaintiff who is in a car accident and you think that’s what happened, you’re going to have a hard time.
You may have a lawyer, but you’re also going to be sued.
So, the most important thing is to prove the driver was negligent, so that they’re punished and they’re not prosecuted for murder or manslaughter.”
The Supreme Court in the 1960s ruled that in order for a case to be successful in court, there must be a causal relationship between the defendant’s conduct and the injury.
That means that a person who is driving drunk, who is negligent with their car, and then causes an accident that causes your own death, that’s negligent.
OConnor said that in the recent California case, the defendant in the accident, a woman who was in her late 50s and lived in Orange County, had to be found negligent.
She was convicted and sentenced to probation and six months in jail.
“You have to prove that the plaintiff was negligent,” O’Connor said.
It’s difficult for the average person to prove their own negligence in court.
“When you have a case like that, you can prove it with a doctor’s note or a witness,” O`Connor said.
A case in point: a California man was convicted of reckless driving, but was released on $1,000 bail after pleading guilty.
He was sentenced to six months probation and a year of house arrest.
The defendant in this case, who was the driver of the car, is the plaintiff, OConnor explained.
“The defendant’s name is [David] Lutz, and he was the defendant.
He had no prior criminal history,” OConnor told Bleacher View.
“He has a wife and kids, and it’s his wife’s birthday.
He took her out to dinner.
He didn’t do anything wrong.
He just drove her there, got out of the vehicle, and hit her.
He got out and ran.
That’s what he was supposed to do.
But, because of the circumstances, the prosecution dropped the case.”
O’Connors defense, based on the plaintiff’s testimony, has that defendant’s wife testifying in the trial.
“We can show that the prosecution’s failure to prosecute him, because they knew he was not responsible, was based on their fear that he would get out of jail and kill his wife, that he was going to kill his kids, that they didn’t want to risk that,” Olin said.
So in essence, the law allows you to prove negligence in the case where the plaintiff is driving and causing the accident.
Olin and O’Connell said that the California case is not unique.
In other states, cases are filed under the California law, but they may be more difficult to prove, Ollons attorney said.
Ollos lawyer is a Certified Accident Lawyer with the California Law Group, and Olin has a practice in Los Angeles, California and Ventura, California, and the Ventura County Superior Court.
He said the California court process is different from other states.
“In the state where we’re located, there is no trial,” Ollosi said.
In California, the case must be brought by the plaintiff or the defendant, not by the prosecutor.
If you are the plaintiff in a California case and you are seeking a civil judgment against the defendant for a wrongful death or a wrongful injury, you must show “actual malice” in order to prevail in court and win the case, Olli said.
And if the defendant was negligent and caused the accident you may be able to get damages.
“It is important to note that the law in California does not allow you to sue a defendant for any amount, no matter how large, no more than $1 million, and no less than $50,000,” Olli explained.
However, the California legislature passed a law in 2011 that makes it illegal for the prosecutor to bring a wrongful-death case against a defendant who is not convicted of a crime.
In 2011, the legislature passed the “California Law of Causation” which says that if the prosecutor wants to