Kim Kardashian Sued by CA Driver Over 2014 Accident
Reality star Kim Kardashian is being sued by a Moreno Valley man who claims her negligent driving caused a 2014 car crash. Rafael Antonio Linares filed his personal injury lawsuit in Los Angeles Superior Court last week, and is demanding damages for lost income, medical expenses, property damage as well as impaired earning capacity.
According to the complaint, the plaintiff incurred injuries which caused and will continue to cause pain and physical disability. Linares argues that Kardashian recklessly plowed into his sedan while he was driving down Sunset Boulevard in Beverly Hills in March 2014. EOnline reports that Kardashian, who was driving a black Mercedes G Wagon at the time of the crash, collided with Linares’ vehicle as she was making a left turn. The plaintiff’s car was traveling straight in the opposite direction and the error was reportedly on her part. Both vehicles were damaged in the accident, but neither was ticketed.
Kim Kardashian sued for 2014 crash in Beverly Hills
Shortly after the 2014 car accident near Benedict Canyon Drive, Kardashian asked Linares to exchange insurance information at a neighboring hotel in Beverly Hills. The two purportedly met, swapped pertinent info and even hugged each other goodbye, says celebrity website TMZ.
By many accounts, Linares’ suit against the 35-year old TV personality was filed out of the blue. Linares claims that he was gainfully employed before the accident and that resulting injuries have deprived him of potential earnings.
Traffic accidents caused by negligence
Negligence is the cause of action for many car accident claims in Los Angeles. In the Kardashian-Linares case, the plaintiff must prove that the defendant was at fault and breached a duty of care. In other words, he must demonstrate that the driver operated her vehicle in a reckless or careless manner that directly contributed to the crash.
Motorists can breach this basic duty of care to other drivers, cyclists and pedestrians in various ways, causing serious injury or even death.
The court may favor for the plaintiff if it’s proven that a driver:
- Failed to obey traffic laws
- Was speeding excessively
- Failed to use appropriate turn signals
- Rolled through a stop sign
- Was using their cell phone while driving
- Was otherwise distracted or impaired
The majority of car accident claims are settled by insurance companies out of court. In situations where settlement negotiations fail with respect to the total value of the claim, victims have the right to pursue a personal injury suit to request fair compensation.
The total value of a car accident claim will depend on the extent of injuries suffered by the victim, the total cost of medical bills and lost wages, in addition to circumstances of the crash, and if any traffic laws were broken.
Legal options for crash victims
For more information on filing a car accident lawsuit in California, it’s important to speak with a qualified personal injury attorney before making a deal with your insurance company. A good personal injury lawyer can ensure victims obtain a higher settlement or court award that adequately accounts for all physical, emotional and financial losses.
Ellis Law attorneys provide effective legal representation to personal injury victims throughout Los Angeles and Southern California. Our expert team of Los Angeles car accident lawyers are here to help. Put our resources and experience to work for you—call today for a free case evaluation: 310-641-3335.