Thousands of motor vehicle accidents and crashes are reported in California every year. After a car accident, people often don’t have the time to go through personal injury laws in depth. State laws related to car accidents and other aspects may vary. If you find yourself in a position, where you are grappling with medical bills, lost wages, and other damages after an auto accident, seeking legal help would be a good idea. There are some amazing Los Angeles car accident attorneys, who can guide on your claim and lawsuit (as needed). In this post, we are sharing more on basic car accident laws in California.
- Reporting the accident
Drivers involved in an accident are required to report the crash to the California DMV, within 10 days. This is mandatory for all vehicle accidents, crashes, and collisions, if the same resulted in injuries, death, or property damage of more than $1,000.
- The “pure comparative negligence” rule
California follows the “pure comparative negligence” rule. Let’s discuss this with an example – You were injured in an accident and your damages have been marked at $20,000. At the same time, it has been found that your share of fault in causing the accident is 40%. In such circumstances, you will only get $12,000 in entire settlement, adjusting for your share of fault.
For states that follow the “pure comparative negligence” rule, injured drivers can ask for compensation, even when their share of fault is more than 50%. Do note that the other driver may also hold you responsible for the accident and can file a claim with your insurer.
- Statute of limitations
The statute of limitations in California allows two years to bring personal injury lawsuits against the party at fault. This applies to car accident lawsuits, as well. The clock starts from the date of accident. In case the accident resulted in death of someone, the family has two years to file a wrongful death lawsuit, but the counting starts from the date of death. The date of death can be different than date of accident.
Should you hire an accident attorney?
Ideally, it is wise to hire an accident attorney for your car accident claim. Lawyers know what it takes to adhere to laws and negotiate a fair settlement with the at-fault party’s insurer. If things cannot be resolved through negotiations, your lawyer may decide on filing a lawsuit.
Check online for top accident attorneys in LA now!
