Car Accident
INTRODUCTION
Motor vehicles have never had the amount of safety equipment in them that they do today. Despite airbags, anti-collision warning systems and improved construction, people continue to lose their lives in accidents at an alarming rate. Every day, car accidents prevalently occur on California streets and highways. The injuries resulting from a car accident can vary, but what remains constant is car accident victims face loss of income from missing workdays, compounding medical debt, and even permanent disabilities. However, the most tragic car accident is one where a victim dies from their injuries. Unfortunately, such mis-happenings can take place when a negligent driver engages in unsafe driving practices, like speeding, talking on a cellphone or texting, driving when intoxicated, and more.
All the drivers in California have a duty to exercise a reasonable amount of care to avoid injuring others. This means that drivers must obey traffic laws, drive in a safe and responsible manner, and be aware of road conditions. Additionally, all drivers are required to stop and check to see if anyone has been injured after an accident occurs. If someone has been injured or killed, drivers must immediately stop at the scene and exchange information. Drivers must also give reasonable assistance to anyone who has been injured.
If a family member was killed in an auto crash, nothing can take away the grief and intense heartbreak you are feeling over the loss of your loved one. The pain can be even more intense if their death was caused by a negligent driver. While nothing can bring your family member back, you can obtain a sense of justice and receive compensation for your loss from the at-fault motorist by filing a wrongful death claim with their insurance company. Drivers in California are required to carry auto insurance so that when someone is injured in a car accident their losses are covered. State laws in California affect everything from how and when you can file a claim for compensation after a car accident to how much money you are allowed to recover for medical bills, lost income, property damage, and your pain and suffering.
DETERMINING FAULT IN A CALIFORNIA CAR ACCIDENT
California is a comparative fault state. That means that if a plaintiff bears any responsibility in an accident, their damage amount is reduced by their percentage of fault. If you were in a car accident that wasn’t your fault, you can still be found to have some liability, even if it’s a small amount. For example, if the other driver swerved into your lane and caused a head-on collision, the court could find that if you’d acted a moment sooner to get out of the way, the accident could’ve been avoided. Even though it’s clearly the defendant who caused the accident, you could be liable for that small responsibility you had to act faster. The court or insurance company would reduce the amount of your damages by that liability.
It is important to be aware that, in California and pursuant to state law, after any car accident all drivers have certain obligations to report the collision. Under California Vehicle Code Section 20008, a driver of any vehicle that is involved in a car accident must make a written report of the crash, within 24-hours of the incident, if the crash resulted in injuries or death to any person. It is important to be aware that, in California and pursuant to state law, after any car accident all drivers have certain obligations to report the collision. Under California Vehicle Code Section 20008, a driver of any vehicle that is involved in a car accident must make a written report of the crash, within 24-hours of the incident, if the crash resulted in injuries or death to any person. If a police officer arrives at the scene of the accident, however, he or she will write a report on behalf of the agency and you do not need to make your own separate report.