Home industry legal staying Safe On and Off the Road: Why You Should Hire a California Car Accident Lawyer
Legal
CIO Bulletin
2023-01-12
California has multiple laws that regulate how drivers must handle a car accident. It's essential to understand what you're obligated to do as a driver, what factors affect compensation recovery, and how to decide who's at fault.
If you or someone you know was involved in a car accident in CA, contacting a reliable California car accident attorney who can assist you with your claim is crucial. An accident attorney will understand California laws and their impact and help you receive compensation for any injuries or damage you sustain.
Additionally, by working with an accident lawyer, they'll do their best to get you the maximum compensation benefits you deserve.
What Should I Do After a Car Accident in California?
The first step after an accident is to report the event. If your vehicle is in a car collision, you must make a written report of the accident to the police department or the California Highway Patrol where the incident happened. You must do this within 24 hours.
These regulations are per the California Vehicle Code (20008). Should law enforcement officers arrive at the scene of the accident, they must prepare the report on your behalf. At this point, you no longer have the responsibility to file any reporting paperwork.
Statute of Limitations
There is a statute of limitations related to the amount of time someone has to seek various legal actions, such as filing a personal injury lawsuit.
Once this deadline passes, the victim that sustained injuries can no longer hold the at-fault driver liable for their actions. The judge usually dismisses cases when this occurs.
In California, anyone injured in a car accident has two years to file a lawsuit for bodily injuries. Those who want to file for compensation regarding property damages have three years from the accident to file the lawsuit.
Comparative Fault
In California, the theory of pure comparative fault often comes into play during an accident case. The theory can mean one of two things:
The law of comparative fault means parties receive compensation only if they are not completely responsible for the crash that led to the injuries. This law ensures that every accident victim can recover at least a portion of their losses.
Apportionment of Fault
If more than one person is responsible for a crash, each individual will be held responsible financially to the degree that they were at fault (§1431.2; CCC).
Additionally, if the victim in the accident contributes to their injury or accident, their chances of being compensated will decrease.
Eligible Damages
According to California law, personal injury victims, even those involved in car crashes, have a right to ask for compensation for economic and non-economic damages.
Economic Damages
According to section §1431.2 of the California Civil Code, economic damages are any verifiable and objective monetary losses that a victim sustains. This includes:
Non-Economic Damages
Some examples of non-economic damages include:
Certain circumstances don't allow the recovery of non-economic damages under the law. You should always hire an accident attorney to keep track of these circumstances and ensure there are no oversights.
Know Your Rights
After getting involved in a car accident in California, an accident attorney will know how to handle your obligations regarding the wreck. Your attorney can advise your legal rights according to state laws, negotiate with the insurance company, and more.
A good accident attorney will inform you of your compensation rights should you get injured in a car crash while in California. Finding an excellent attorney will help minimize the stress of an accident case.
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