Pick-Up Truck Crashes Into Miramar Home
A pickup truck crashed into a home in Miramar on Thursday afternoon, May 14, 2015. The house on 6485 Miramar Parkway was hit after the elderly driver hit a mango tree and the vehicle overturned. The driver had tried to avoid a dump truck, which apparently caused the initial collision with the mango tree. First responders arrived on the scene and had to use the jaws of life to remove the driver from the damaged vehicle. The impact of the crash was substantial, causing most of the mangos on the tree to be knocked off and also ejecting the battery of the truck from the engine compartment. The driver was rushed to the hospital with unknown injuries. Nobody was inside the house at the time of the crash, and there was no serious structural damage to the home.
Trying to avoid the dump truck would be considered an evasive maneuver. Find more information online (caraccidentcaselaw.com) about liability pertaining to those who make evasive maneuvers to find out if you are elligible for compensation.
In order to prove liability in an accident claim, four elements must be established: 1) duty; 2) breach; 3) causation; and 4) damages. It must first be shown that the defendant owed a duty to drive responsibly and safely. Secondly, it must be shown that the defendant’s actions were in fact a breach of that duty. Once the Izquierdo Law Firm can establish that there was indeed a duty owed to a victim and that the duty was breached, negligence is established. However, in order to recover for the defendant’s negligence, it must also be proven that there were actual damages and that the defendant’s negligence actually caused the damages. Many times, an insurance company will try to allege that the injuries caused were pre-existing and not actually caused by the defendant’s negligence. The insurance companies do this in order to avoid liability. At the Izquierdo Law Firm, we work closely with medical experts in order to prove that the injuries caused were in fact due to the negligence of the defendant as opposed to a pre-existing injury sustained by the victim prior to the accident.
When an accident results in the serious injury of you or a loved one, consulting an experienced attorney who can properly apprise you of your rights is invaluable. Insurance companies have lawyers on their side, but who is looking out for your interests? At the Izquierdo Law Firm, our experienced team can help you navigate the process and ensure that your rights are protected. Call us today for a free consultation.