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Whiplash: Symptoms and Causes

One of the most common injuries suffered in a car accident is whiplash. While whiplash may sound like a single injury on its own, there are actually a number of whiplash injuries an individual may suffer. This article discusses the basics with regards to symptoms and causes of whiplash injuries in car accidents. According to the Mayo Clinic [Whiplash – Symptoms and causes – Mayo Clinic] whiplash is defined as a “neck injury due to forceful, rapid back and forth movement of the neck, like the cracking of a whip.”  It is not limited to car accident injuries but is a common result of sports accidents, physical abuse and traumas linked to falls. In car accidents, whiplash injuries are most common in rear end vehicle accidents. Such types of accidents cause vehicle occupants’ bodies to forcefully move forward while the head and neck are forced backward. It must be noted though that in recent years the term whiplash has been linked to an exaggeration or fake personal injury claim. As a result, most personal injury attorneys avoid using the term whiplash. The more technical terms that are now used for whiplash-type injuries are hyperflexion or hyperextension injury, neck sprain or strain, or myofascial injuries. However, speak to Bakersfield auto accident lawyers  to discuss further your whiplash-type injuries. Whiplash is generally caused by vehicle occupants being unprepared for the impact an accident will have. It has been noted above the most common cause of whiplash injuries in car accidents are rear-end accidents, however, other vehicle accidents which do not involve rear-end forces may still result in whiplash. There is generally a misconception that whiplash is only the result of a high-speed accident, however, even an accident caused by low speeds and with low impacts may result in whiplash injuries. A number of factors affect whether or not an occupant will suffer whiplash injuries; some of these factors include: Whether or not the vehicle occupant was wearing a seatbelt The manner in which the vehicle occupant was sitting The vehicle occupant’s gender and height Vehicle weight and size Seat positioning All these contribute to the chances and severity of whiplash injuries in vehicle occupants involved in a car accident. There is another common misconception of whiplash which says because it is a soft tissue injury, it’s just a minor injury and cannot be serious. The reality is that soft tissue injuries can be serious and if untreated may result in long-term effects to the sufferer. Such evidence is in accordance with medical studies; as such, it is of the utmost importance for whiplash sufferers to receive medical attention as soon as possible.  Whiplash can cause spinal injuries as well as brain injuries. Common whiplash injury symptoms include the following: Headaches Blurred vision Dizziness Low range of motion Stiffness and pain in the neck Shoulder, back or arm pain Trouble concentrating Fatigue Disturbances to sleeping patterns Unusual sensations, including tingling in the arms, or burning or prickling sensations It is important to note whiplash symptoms may not appear immediately after the vehicle accident but may take a number of days to manifest.

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| Read Time: 2 minutes | Business Law

Types of Damages in Car Accident Claims

We never know when accidents, more so car accidents, will occur, so we should be well prepared if it happens. Car accident and personal injury lawyers can help you recover compensation for car accident injuries, and any personal property damaged during a car accident. The settlement should help  cover for financial and non-financial problems which resulted from a car accidents. You should consider hiring car accident lawyers in Bakersfield for legal advice on how to approach the process of pursuing justice. Car accident lawyers gather crucial facts to establish a strong case against defendants, particularly insurance companies, to honor legitimate liabilities.. Damages for Car Accident Claims A car accident claim case can have two types of damages in Bakersfield, including damages for physical injuries and personal property. For personal property damaged during the accident, the following expenses should be reimbursed: Car Repair Costs Car repair costs represent  the amount of money the accident victim spends to repair their car. The final award should factor in all money spent on the car plus all incidental costs related to the repair. Personal Property Here, proof of the damaged property is key for a successful claim. Personal property may range from a personal computer (PC), portable radio, small machinery, and any property that was in the car at the time of the accident. Car Hire Expenses Naturally, most people will rent a car to help them carry on with their daily activities after an accident. This should be paid for by the insurance company which should provide a car, or, more commonly, reimburse you for the amount spent to rent a car. Incidental Expenses  Any unplanned expenses caused by an accident should be covered in the final settlement. For instance, you may be forced to spend the night in a lodging due to delays caused by the accident. Such expenses should be covered by the defendant or their insurer. What to do after a Car Accident The first thing you should do is seek medical help in case of injuries. While at the scene of the accident, you can note down or collect any data that may be used as evidence against the defendant. The following data should be collected if possible: Cause of the accident. Details of all parties involved. Insurance details of other parties involved. Take a photo of the other driver’s license plate. Eyewitness accounts. Personal property lost or damaged. Any interference with the accident scene. Location of the accident. Car and personal property damage, including photographic evidence if possible. Illegitimate Car Accident Claims Insurance companies will try to sway the course of justice by doing everything in their power to either delay, deny, or avoid genuine claims altogether. Their sole goal is to maximize profits by maximizing the number of dishonored claims. Fortunately, car accident lawyers can be helpful at such times by providing all the legal help you may need. However, insurance companies can avoid liability by citing the following: Total or partial liability on the part of the plaintiff Insufficient data or facts to sustain a legitimate claim. The tricky part of a car accident claim is to prove liability, but with a competent lawyer by your side, you need not worry. Car accident lawyers can help minimize your misery if you’ve been involved in a car accident in Bakersfield.

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| Read Time: 3 minutes | Personal Injury

Causes of Car Accidents in Bakersfield

According to a recent study, road accidents involving small passenger cars have become a common occurrence, thanks to poorly trained drivers, bad road networks, disobedience to traffic laws, and much more. Even Covid 19 has increased the number of accidents on the roadway, presumably because drivers are more distracted or emotionally stressed out.  A car accident can leave incalculable suffering and dire consequences in its wake, such as physical injuries, lost earnings and lost job opportunities, financial stress, and much more. Although most car accident victims are not aware, you can be compensated for your personal injuries and property damage if you’ve experienced a car accident anywhere in Bakersfield. A car accident attorney in Bakersfield will give you legal advice and help you in the process of seeking justice for your injuries and damaged property. They will also initiate a demand while ensuring you still enjoy your legal rights as enshrined in the constitution. What are the Causes of Road Accidents? Approximately 600,000 car accidents occur every day throughout the world, leading to 20 million serious physical injuries, or even worse, permanent disabilities and death. The following are some of the common causes of car accidents: Disobeying Road Signs and Traffic Laws Simple traffic laws, such as stopping at a red light even when the road is clear, are often ignored by many drivers, but could be catastrophic. Even when in a hurry, all road rules, including the following should be observed to avert road accidents: Stop signs. Do not enter. Railway crossing sign. Pedestrians crossing. No parking sign. No U-turn sign. Exceeding Speed Limits All states in the U.S have varying speed limits to be observed by all drivers, the failure of which may result in road accidents. California traffic laws have set the speed limit for urban zones as a maximum of 55 mph on double-lane roads, and 65 mph on multi-lane roads. However, drivers are encouraged to maintain the speed limits for different zones, such as commercial, school, or residential zones, which typically are much lower. Driving Under the Influence DUI/DWI is a traffic offence and punishable by law in Bakersfield, where the penalties for a first DWI offense could range from anything between a minimum jail term, fine, license revocation, and at worst, a total suspension of your license,  The cost of getting one single  DUI can be over $10,000 when fines and lawyer costs are calculated in. Human Error Human error mostly happens when drivers are not alert.  Driving while tired should be avoided at all costs. Distracted Driving The driver’s duty is to focus on the task at hand, driving, once in the driver’s seat. Any other activities are considered distractions, which are recipes for looming disasters. Bad Road Networks Bad roads are a major cause of road accidents the world over, potholes being the major culprit. A driver may run into oncoming traffic when trying to avoid potholes. Sometimes roadway edges have drop offs which can also lead to accidents. Why you need a Car Accident Attorney Hiring the services of an attorney can significantly influence the outcome of your case. The benefits of having an attorney include: Wealth of Experience Car accident attorneys handle car accident cases with many different facts. The experience gained from handling similar cases helps them deduce what works best in different circumstances. Negotiating for Fair Settlement In most cases, the liable party tries to negotiate the lowest possible settlement in a car accident case. A good attorney can easily tell if the settlement is fair or otherwise. The defendant can exploit your naivety and ignorance if you  try to represent yourself, especially when the defendant has an insurance company,  and that could result in unfair compensation. A car accident attorney could be the key to a successful car accident case. He ensures you get a chance at a fair trial, besides safeguarding your rights and interests through all the pre-trial phases of your case. Additionally, you’re likely to end up with greater compensation, unlike if you try to go it alone.

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| Read Time: 2 minutes | Personal Injury Lawyer Bakersfield CA

Slow Injuries and Your Claim

After a car accident it is not uncommon for some injuries to show up much later.  How might this affect your case? What is the best way to move forward? This article will discuss ways in which you should protect your health and your rights. It is not a generalization to say that the majority of car accidents are very traumatic. Something as simple as a fender bender to a far more serious accident with a lot of force in the collision with another vehicle or with a fixed object like a wall or building.  As a result, it is not uncommon for individuals involved in even minor accidents to not realize they have any injury symptoms immediately after the accident. This is for varying reasons. If you were involved in a car accident and would like to claim compensation for your injuries and losses contact car accident lawyers in Bakersfield CA at [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] today. When the body is undergoing some form of excitement it generates endorphins and adrenaline. These chemicals supercharge the body to the point that it can block out pain. When a car accident happens, it can result in the body becoming excited and generating these two chemicals, resulting in a burst of energy which results in many cases with a lack of any feelings of pain. It is because of this that people may feel fine after an accident.  However, once these chemicals begin to wear off the pain caused by the accident sets in. The most common type of injury suffered in car accidents is whiplash [Whiplash – Symptoms and causes – Mayo Clinic]; this is a soft tissue injury to the neck, head and back. Whiplash is due to the jolting back and forth which results from an immediate stop or an immediate acceleration. The result of suffering whiplash or soft tissue injury includes swelling, pain and a low range of mobility, and can also include mild to moderate brain injuries from the brain bouncing around inside the skull. However, such symptoms are not immediately manifest after the accident. Further, they may not show up on any type of imaging machinery; as a result, they are difficult to document, diagnose and  prove to a jury. Another injury that may take time to manifest is a concussion. A concussion is the result of the head hitting into or onto something or the violent movement of the body that results in the brain hitting on the sides of the skull. Most people fail to identify concussions because of the assumption that an individual must become unconscious if they suffer a concussion. However, it is not in all instances that a person who has suffered a concussion loses consciousness. Some symptoms of a concussion include: Disorientation Lack of the ability to concentrate Headaches Blurred vision Nausea Sleeping patterns that are abnormal, i.e. sleeping less or more than usual having problems remembering new information There may be other symptoms as well, and if you notice any physical or mental changes after an accident you may have suffered  some  level  of  brain injury.  It may take days, weeks or even months to identify these symptoms and be diagnosed with a concussion. It is of the utmost importance that you seek medical attention immediately after the accident even if you are not in pain, and tell  your doctor about all the issues you are having. Further, it is important not to settle your personal injury claim immediately before a full medical evaluation.

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| Read Time: 2 minutes | Personal Injury

I Loaned My Car and The Driver Had an Accident, Am I Liable?

You would not be the first person who loaned their vehicle to somebody and that vehicle was involved in a car accident. The question then is are you liable for the car accident? This will be the topic for discussion of this article. Generally in car accidents the driver owns the vehicle, so issues of liability and insurance are pretty straightforward. However, in the event the vehicle has been loaned to somebody else who is at the wheel, how does this work out? For legal advice on your unique case contact a car accident attorney in Bakersfield. Some common scenarios where a vehicle has been loaned and an accident happens include the following: ● Your employee behind the wheel – while you may not be physically behind the wheel and your employee holds their own driver’s license, unfortunately, as the employer, the law may hold you responsible for any negligent driving that is committed by your employee while undertaking the employment duties at the time of the accident. However, if the accident occurred outside working hours while the employee was not on duty, liability is less  likely to extend to the employer. ● Someone borrowed your car – it is not illegal to loan someone your vehicle so long as you have given them permission to drive it. However, before turning over the keys it is important to know whether or not your car insurance covers them in the event of an accident. If the individual is a family member who regularly borrows your vehicle, you might want to add their name on your policy as a driver allowing them to claim from your insurance company in the event of an accident. If the individual is a friend in need who has their own vehicle and their own insurance coverage, in the event of an accident, you will need to read the fine print of both the policies as to which policy will be applicable. It is of the utmost importance to read the fine print of your policy to know whether or not your insurance coverage applies in any of these situations ● Lending your vehicle to an incompetent or unfit driver – as noted by the term incompetent or unfit by giving permission to this individual and their negligent driving, if they have a car accident, the resultant injuries and damages will likely extend to you as the owner of the vehicle if you were negligent in your entrusting or lending your vehicle to someone you knew or should have known was unfit to drive. Such a case is referred to as negligent entrustment [Negligent Entrustment legal definition of Negligent Entrustment (thefreedictionary.com)]. However, the burden of proof is on the plaintiff to prove that as the car owner you knew or should have known that the driver was incompetent or unfit at the time that you gave permission for him or her to drive your vehicle. Negligent entrustment is committed when you lend your vehicle to the following type of driver: – a drunk individual or an individual who is likely to become drunk – a minor under the legal age to drive – inexperienced drivers driving without supervision – an elderly individual who is unfit to drive due to their age – a person with a history of reckless driving

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| Read Time: 2 minutes | Personal Injury Lawyers

Claiming Lost Income Due to an Accident

If you have suffered injuries or losses as a result of someone else’s negligence in a car accident, you may be able to receive compensation for your losses by filing a personal injury case. It is not uncommon for an individual who has been injured in a car accident to miss work or opportunities to make income. This article will discuss claiming lost income in a personal injury case. A legal provision of damages that can be recovered in a personal injury case is that of lost income. According to Insuranceopedia [What is Loss of Income? – Definition from Insuranceopedia] loss of income is defined as a “situation in which a person’s source of money for expenses or lifestyle, such as salary from a job or income from a business, is terminated.” A common example is when you have suffered a physical injury that prevents you from doing your job. For example, a broken leg may result in a construction worker being unable to work on a construction site. In such circumstances, the individual is entitled to the wages they would have received had their leg not been broken and had they still been able to work. Even the loss of sick days or personal days may be compensable.  Therefore, if the individual was unable to work for two months, for example, they are entitled to receive compensation of the amount they would normally have been paid for those two months. In other circumstances, the injuries may be debilitating or disabling and may include psychological injuries such as mental anguish and distress. These may also be grounds for receiving loss of income. For your unique injuries speak to car accident lawyers in Bakersfield [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] for legal advice and representation. Other areas that may be compensated under the name of loss of income include the following: Loss of earning capacity – an individual is eligible for loss of earning capacity if the car accident results in permanent or long-term disability affecting them from being able to earn money. The length of such effects may be indefinite. This is applicable even if the individual can work but prevents the individual from getting a higher-paid job as compared to them being able to do so if they had not been disabled. Pre-existing injury aggravation – if the car accident made an injury that you already had worse so much so that you are now unable to work or you cannot work as well as you did before the accident, you may still be able to be compensated for the full amount of your lost wages and/or loss of earning capacity. It must be noted that in order to receive compensation for your loss of wages or earning capacity you need to prove you lost wages and/or have lost your earning capacity.  Proving lost wages is much easier as all it requires is for you to submit a pay stub before you suffered the injury, and proof that you missed work because of the accident.  If you are self-employed, it will likely be necessary to submit proof of what would normally constitute your earnings, such as invoices from the same period in the previous year. Loss of earning capacity is much trickier to prove and depends on your line of work and the severity and type of your injuries.

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| Read Time: 2 minutes | Personal Injury

Gather Proof for Your Accident Injury Case

If you have suffered injuries and or other losses as a result of a car accident caused by someone else’s negligence, you may be eligible for compensation by way of a personal injury claim. In order for you to successfully receive compensation for your personal injury claim or lawsuit it is important you have the necessary proof as to who was at fault for the accident, and the type and severity of your damages. This article will discuss the list of some of the most important documents you will need to gather as proof for your personal injury case. According to one of the top Bakersfield auto accident lawyers [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] the success of a case lies in how much proof can be provided by the plaintiff. There are various amounts of proof a plaintiff can produce in order to prove their case with regards to fault and the nature and extent of their injuries and damages [Damages | Wex | US Law | LII / Legal Information Institute (cornell.edu)]. Some of the most important documents a plaintiff might have in their possession include the following: Police reports – a police report may be called an incident, traffic collision or accident report, and can be prepared at the scene or, more  commonly, some time afterwards by a police officer. The information included in a police report is the determinations with regards to whether or not a traffic law was violated, statements provided by witnesses, passengers and drivers and other observations made by the officer. Medical records – if you are injured in the accident or were examined as a precaution, ensure you receive all medical records and information with regards to billing linked to your medical treatment. The information in medical records should include the medical professional who attended to you, treatment received, any diagnosis made, recommended treatment, medicines prescribed and any other conclusions or opinions the health care provider offered. Depending on how severe your injuries were and information regarding your treatment you may need to find medical records for emergency medical services, that is, the ambulance or paramedic company who responded to the accident, emergency room treatment, hospital admissions, pharmacy prescriptions, physical therapy and other healthcare providers and specialists you may have seen. Proof of income – if the injuries you sustained as a result of the accident caused you to miss work, you may be eligible for compensation for any lost income. Proof of such lost income which can be includes paycheck stubs, tip records, direct deposit records,  profit and loss statements, and any other financial documentation which provides information about the amount of income you lost due to time you missed from work as a result of the accident. Proof of vehicle value and/or vehicle damage estimates – if your vehicle was damaged as a result of the accident, you are likely entitled to repairs being paid for as a part of your personal injury lawsuit or claim. To determine how much compensation you will need it is important to know how much repairs will cost. In other cases it might be important to find out the actual cash value of your vehicle before the accident, if the vehicle is worth less than what it would cost to repair. Accident or injury journal or diary – this is where you document the impact the accident has had on your day-to-day life.

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| Read Time: 2 minutes | Personal Injury

How To Get The Best Settlement For Your Car Accident

Victims of car accidents need to be fully compensated for the injuries they incur. Unfortunately, most defense attorneys and insurance companies will always take any possible opportunity to pay as little compensation as possible regardless of how serious the injuries are. In this article, we’ll be taking you through essential tips on how to get the best settlement with the help of a car accident lawyer in Bakersfield, Ca. d  Getting The Best Settlement  If you have been involved in a car accident, and the injuries and property damage were as a result of someone else’s negligence, you may have a claim.  But, there are few tips to consider for your settlement. They include: Never be in a hurry: Immediately after your injury, insurance adjusters will offer you some small amount to settle your claim. In most cases, the extent of the losses or damages remains unknown for several months. Therefore, it is never advisable to accept any offer until you are sure what the future is in terms of your recovery. Never decide before consulting your car accident lawyer. Ensure you have proper documentation of economic losses and life impacts: No insurance company will take your word for any aspect of your claim. You need to have proper documentation. The pain, suffering, and impact on the quality of your life should form the most significant part of the claim. It is appropriate to keep a calendar or diary of how you feel daily after the injury.  Also, keep a record of all the missed activities or work. Make sure you inform your physician whenever you miss work. Again, never forget to keep receipts of out-of-pocket expenses like housekeeping, prescriptions, etc. All these will help in building your insurance claim. Promptly follow through with medical treatment recommendations. Victims have a duty of mitigating, or lessening, their own damages in personal injury law. That means one has to take responsibility for minimizing their losses and effects of an injury to the extent possible.  Whenever you fail to abide by any recommended medical treatments, the insurance firm can claim you worsened your own injuries by not following the doctors’ recommendations.  You may want to refuse atreatment recommended by the doctor if you feel it does not make sense to you, but if you do so it is best to seek out a second opinion from another doctor first.  Be sure the physician documents the choice you made by noting it in the medical record.  For example, if a doctor recommends surgery and you are simply not willing to go through with it, make sure you ask the doctor to document the recommendation and your choice not to get the surgery.  Your   choice may change one day in the future as things develop. Get an Attorney in Time  Although it is possible to negotiate a personal injury claim on your own, keeping track of all the things to be documented can be pretty demanding. Insurance companies will typically offer far less to someone who represents themselves.  You would likely be better off seeking help from a skilled car accident lawyer. Without an attorney, no insurance company will take you seriously when making a settlement offer. To ensure you increase your chances of getting the best settlement, you should hire a professional attorney. The attorney will be responsible for identifying and collecting all the evidence for your claim and helping to ensure you get the most compensation. It does not matter if your accident was caused by a motorcycle, car, truck, or a bike; a personal injury lawyer will always seek the best for you.

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| Read Time: 3 minutes | Business Law

How it works

There are a number of instances where an individual who is injured in a car accident is partly to blame for the accident. When this is the case, how does a person navigate receiving compensation for the injury or the damage to their vehicle? This article will discuss this subject. In a personal injury claim the person who is said to be at fault for the car accident is ultimately the person responsible for paying for any damage caused by the accident as a result of their negligence [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)]. But, in the event that it is difficult to determine who is at fault, or if there is more than one party at fault for the accident, fault may have to be apportioned or measured as between the negligent parties. If you need legal advice with regard to your car accident, speak to a Bakersfield car accident attorney at  today. The state of California uses pure comparative negligence laws when it comes to matters of fault. This basically means that even if a party is 99% negligent in an accident, he or she still has the right to receive compensation for their injuries or losses as damages. However, the question that comes next is who determines fault in a car accident? When filing a car accident insurance claim it is the insurance company that makes the first determination as to fault. They assign percentage of each party’s fault for the accident corresponding to the conduct of each driver, at least in their opinion. In order to determine who is at fault and their percentage of fault, the insurance claims adjuster bases the percentage of fault on the circumstances linked to the accident and state laws in order to come up with the determination of the driver that acted negligently in the car accident.  A   good lawyer representing you may be able to fight the insurance company’s determination of fault. There are a number of scenarios that may play out when it comes to the percentage of fault and the receipt of compensation. Some of them are: An insurance company will pay their insured’s amount of fault and the claimant’s insurance company pays the remainder, or The insurance company whose driver has the largest percentage of fault may pay the entire claim The determination of how much payment will be made as compensation depends on the insurance company’s policies in this regard, as well as on a lawyer’s ability to fight for the maximum amount of compensation. It is not uncommon for insurance adjusters to work together with their clients in order to determine the party’s percentage of fault. However, if the driver does not agree with the insurance adjuster with regards to the percentage of fault, the driver may choose to seek legal counsel and the matter may go to court to determine fault and the percentage of fault. There are a number of factors that affect the determination of fault. Some of these are: Negligence laws – the way the state views negligence are applied. For example, if the state has adopted pure comparative fault. Police reports and other evidence – a review of the police report gives an idea of the accident and any related evidence must be reviewed too.  Even of the police determine one party is at fault, a personal injury lawyer may be able to challenge that determination. Personal injury protection (PIP) – in some states, PIP pays out to a driver despite fault.  California, however, does not have PIP, but on other states a n injured person might be able to take advantage of PIP even if they are at fault.

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Foreseeability and Proximate Cause

The majority of personal injury cases determine who was at fault in an incident or accident through the question of negligence. The basic definition of negligence is where one fails to use reasonable care in a specific situation. While this is a straightforward definition proving negligence, on the other hand, requires the plaintiff to show that the person who caused the injury was the actual cause of the injury and the proximate cause of that injury. This article will discuss foreseeability and proximate cause in proving fault in a personal injury case. According to the Cornell Law School Legal Information Institute [Foreseeability | Wex | US Law | LII / Legal Information Institute (cornell.edu)] foreseeability is said to ask “how likely it was that a person could have anticipated the potential actual results of their actions.” Foreseeability is the legal concept used to find out the proximate cause of an accident. Proximate cause is defined [Proximate cause | Wex | US Law | LII / Legal Information Institute (cornell.edu)] as “an actual cause that is also legally sufficient to support liability.” Foreseeability and proximate cause are applicable in car accident cases, therefore, seek out a Bakersfield car accident attorney for legal advice in your case. The foreseeability test asks the question: should the person causing the injury have reasonably foreseen the likely results that would have come from their actions? Generally, the law limits the scope of liability through foreseeability by the type of harm and the way it was instilled but it does not focus on the extent of harm. Let us consider what these three elements mean. Unforeseeable type of harm – the person who causes an injury is not liable if the type of harm suffered does not foreseeably stem from their act of negligence. For example, if Daphne dropped a glass bottle on the floor and did not clean it up, she would be liable for injuries caused to anyone who cuts themselves from the glass. But if a freak fire results from sunlight hitting the broken glass at a specific angle and others are injured in the fire, Daphne is likely not liable for such injuries as this type of harm is not foreseeable by her negligent actions. Unforeseeable manner of harm – this is when a person who causes injury is not at fault for a superseding cause when such a cause was not foreseeable. The superseding cause breaks the chain of causation between the initial act of negligence and the injury. Some examples portraying superseding causes that are unforeseeable include: Acts of God – such as earthquakes, hurricanes, volcanoes, etc. Third-party criminal acts, such as burglary Third-party intentional tort, such as false imprisonment, assault Superseding causes that are generally considered to be foreseeable are: Rescuers who cause harm – passersby who may come to the aid of an injured person but may worsen the person’s injuries by moving him/her Healthcare provider negligence; that is doctors and nurses The weakened condition of the injured person may lead to subsequent injury or disease The unforeseeable extent of harm – this is whereby the person who causes injury is at fault for the full extent of whatever harm they have caused, whether or not the extent of harm was foreseeable.  

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