Even the best drivers end up in worst car accidents. Auto accidents are common in California, and if you ever get involved in one, you need to know your rights and important state laws. In case the other driver was negligent, you can file a personal injury lawsuit and seek compensation for your damages. Of course, winning a car accident case is rarely that simple. When multiple parties are involved, or you have a share of fault, the whole case can change drastically. In your best interests, you may want to hire one of Los Angeles car accident attorneys. In this post, we are sharing a few aspects about accident laws in California.
The “pure comparative negligence” rule
California follows what is called the “pure comparative negligence” rule. If you had a share of fault, you can still file a lawsuit, but your settlement will reduce accordingly. For instance, if you were 20% at fault and were awarded $50,000 in settlement, you will eventually get $40,000. Unlike states that follow the modified comparative negligence rule, you can file a car accident lawsuit in California, even when you share of fault is more than 50%.
The statute of limitations
Like other states, California also has a statute of limitations, which specifies the deadline for filing personal injury lawsuits after a car accident. You have two years to bring such lawsuits, counting from the date of the accident. If the accident resulted in death, the family of the deceased has two years to file a wrongful death lawsuit. Note that in case of wrongful death lawsuit, the count starts from the date of death, which may not match the car accident date. If you are just suing for property damage, you have three years.
Get an attorney
Dealing with the aftermath of a car accident can be hard. You don’t have to pay a huge fee upfront to get a personal injury lawyer in California. Most attorneys work on a contingency basis, and they can offer a free evaluation of your car accident claim. If you believe that you were partly at fault, or have suffered serious injuries, you must consult an attorney to know more details.
Keep in mind that the insurance company will do everything to reduce the settlement, and your lawyer can negotiate using their experience. If needed, they can file a personal injury lawsuit to recover a higher compensation that you deserve.