The beautiful state of California is known for its golden hills, picturesque landscapes, and iconic cities. But behind its sunny reputation, there’s a darker side to California that most people don’t know about.
Recent statistics have shown that over 250,000 car collisions happen annually in the Golden State. Of these incidents, around 3,700 have resulted in fatalities. These numbers show that drivers like you must learn how to deal with the aftermath of a car crash.
In this blog, we’ll uncover the complexities of car accidents. We’ll discuss California’s car accident laws, the damages you can claim, and how to establish negligence successfully.
Read on to learn how you can fight for your right to justice and fair compensation after a collision.
California’s Car Accident Laws
Before you can file a claim against the other party, there are two things about California’s car accident laws that you need to understand:
Statute of Limitations
California has a two-year statute of limitation for car collisions. Statute of limitation refers to the time period in which you can pursue legal action against the other party.
Once the statute of limitation expires, you will lose your right to file a claim or lawsuit for the incident.
Fault
California is one of the many states that follows the pure comparative negligence law. Under this law, crash victims can file a claim for their injuries even if they’re partially at fault for the incident.
However, the compensation they will receive for the incident will be reduced based on their percentage of fault. For instance, if a victim files a $100,000 personal injury claim against the other driver and is found 50% liable for the crash, they can only collect up to $50,000 in damages.
It’s also worth noting that California is a fault state. This means victims of car accidents have the right to pursue claims against negligent drivers.
Damages You Can Claim For Car Accidents
There are two types of damages that you can claim when you get into a car accident: economic and noneconomic damages.
Economic damages are the financial losses you suffered after the incident, such as:
- Medical Expenses: This includes ambulance fees, surgery and hospitalization costs, prescription and over-the-counter medication, therapy, and rehabilitation costs.
- Property Damage: If your vehicle sustained severe damage from the incident, the other driver’s insurance provider will compensate you for repairs.
- Lost Wages: Lost wages refer to the income you would’ve earned if it weren’t for the injuries you’ve sustained.
Meanwhile, noneconomic damages are losses with no specific monetary value and are difficult to calculate. Some examples of these damages are:
- Pain and Suffering: Pain and suffering refers to the mental or physical distress you suffer after the incident.
- Loss of Consortium: Loss of consortium refers to the loss of companionship a person suffers after the death of their spouse.
- Punitive Damages: Punitive damages can be claimed if the at-fault party was proven to be grossly negligent.
How to Establish Negligence in Car Accidents
Establishing negligence is the first step to determining liability for car accidents. You must prove the other party was negligent if you want to hold them liable for your injuries.
In law, negligence happens when someone fails to meet the standard of care that a reasonable person would have applied under the same circumstances.
Some examples of negligent driving include running a red light, forgetting to use turn signals when approaching an intersection and driving under the influence.
To establish negligence, there are four things that you have to prove:
Duty of Care
Every driver on the road owes other motorists a basic duty of care. Duty of care is the legal obligation to operate with reasonable care for the safety of others. Failure to do so will be considered a breach of duty.
Breach of Duty
Breach of duty is the second element of negligence. You must show how the other driver breached their duty while on the road. Was he tailgating you before the incident? Was he drunk driving?
Causation
The third element of negligence that you must prove is causation. You must establish a direct link between the other party’s actions and your injuries.
Causation is divided into two components: actual and proximate causation. The actual cause shows that you wouldn’t have been injured if it weren’t for the other driver’s actions. For example, you wouldn’t have been injured if the other driver weren’t texting while driving.
On the other hand, proximate cause determines the foreseeability of your injuries. A reasonable driver would know that texting while driving could lead to serious accidents.
Damages
Lastly, you must prove that you sustained significant damages from the incident. The extent of the losses you’ve suffered plays an important role in the validity of your claim. It determines the compensation you’re entitled to and sets the tone of your legal proceedings.
Do You Need A Car Accident Attorney?
While it’s true that car accidents are one of the most common forms of personal injury, these cases still require a comprehensive understanding of California’s laws.
Car accidents can be extremely traumatizing, especially if they result in the tragic loss of a loved one. The profound loss of life can leave families with emotional scars that will take years to heal.
With this in mind, it would be best to work with an experienced car accident lawyer who will advocate for your right to justice and compensation.
Adamson Ahdoot, one of California’s leading civil litigation firms, has made it its mission to help grieving families deal with the aftermath of tragic car collisions.
With over 100 years of combined legal experience, Adamson Adhoot’s personal injury lawyers have handled countless car accident cases in the Golden State.
Their team of car accident lawyers is committed to providing compassionate and expert legal representation to victims and their families.
Adamson Ahdoot’s track record speaks to their team’s dedication to being advocates for the injured.
To learn more about Adamson Ahdoot and their team of personal injury lawyers, visit their website here or call them at (800) 310-1606.
