Wrongful Death Attorney - A brief overview of accident law

CRIMES: THE THIN BLUE LINE
Laws protect us from other's wrongful acts. Some acts are so wrongful the law calls them a crime. If you anger someone and he intentionally rams you with his car, the perpetrator has committed an assault and battery; a crime. The police intervene and the person is arrested and prosecuted by the local district attorney. As good citizens, we respect the authority of the police and understand they are the "thin blue line" protecting us from crimes against our person or property. They are essential to a free and safe society.

TORTS: THE OTHER THIN BLUE LINE
Some conduct, although wrongful, is not a crime. The law does not attempt to punish all wrongful conduct in the criminal courts. If someone else in an accident accidentally burns you, and the accident is "their fault," you have had a tort committed against you. You must turn, not to the criminal courts, but to the civil courts to obtain satisfaction. You turn to a California personal injury attorney, not to a policeman.

PROOF OF NEGLIGENCE
Many citizens assume it is merely necessary to prove someone injured them to obtain recovery. Not true. Your Southern California tractor trailer accident attorney must prove that person negligent (called a "tortfeasor"). He must prove every element of negligence (called a "primia facia case"). Your tractor trailer / auto accident attorney must prove that the tortfeasor:
1. Committed an act, or failed to act while they were under a duty to act;

2. Owed a duty of due care to the injured party;

3. Breached a duty of due care (failed to act as a reasonably prudent person under the same or similar circumstances);

4. Been the actual cause of the accident;

5. Been the proximate cause of the accident;

6. Been the cause of damages to the injured party

If this sounds complicated to you, it is. A torts class in law school spends about one semester on the law of negligence, with much of that spent just on proximate cause!