Every year, careless and reckless drivers cause many accidents leading to severe injuries and death countrywide. In California, car accidents are due to the state’s large population and a high number of vehicles.
On numerous occasions, irresponsible drivers always get away with their mistakes. Luckily, there are compensation laws in California aimed to hold at-fault drivers liable for loss of property, injuries, and death. Reviewing car accident compensation laws and limits of damages in California is important to determine if you are eligible for compensation when involved in a car accident.
At Fault and Pure Comparative Laws
Like many other states, California has an “at fault” liability system for insurance claims. The system requires a driver in quest of compensation to show evidence of fault on the part of the other driver if he or she wants the claim to be successful.
In addition to the at-fault system, “pure comparative negligence” law also applies in California. If an insurance claim is successful and goes to trial, each involved party is liable to its percentage of fault.
For instance, if a driver suffers $8,000 in damages, but only has 5 percent at fault for the accident, the compensation will be limited to 95 percent of the total damages.
Auto Accident Damages
Auto accident damages are divided into two major categories, namely economic damages and non-economic damages. Economic damages include lost income, medical expenses, repair and replacement of damaged vehicles, and other costly expenses. Non-economic damages involve disability, pain, and emotional distress caused as a result of the accident.
In California, there is no cap governing cases for personal injury and auto accidents. Nonetheless, there are a few bottlenecks that limit or eliminate compensation for plaintiffs involved in a car accident.
The first bottleneck is the time limit for filing a case. There is a time limit of two years and three years for a personal injury claim and property damage lawsuits, respectively. Additionally, there is a six-month time limit to file a legal claim for accidents involving a government agency.
The second limit applies to a driver without proof of insurance cover or financial responsibility. If a driver doesn’t have any of these, he or she cannot recover non-economic damages regardless of who is at fault. However, economic damages can still be recovered if there is proof of fault.
The last limit compensation is limited to $250,000 for medical malpractice non-economic damages.
Need Help with Car Accident Compensation Laws in California?
You can seek compensation if you are involved in an accident caused by another driver. However, the process is usually long, and insurance companies will not compensate you without proper investigation. Also, accident compensation laws can be complicated, especially if you are not well versed in motor vehicle laws.
Therefore, it is important to seek the services of a law firm with extensive experience in handling auto accidents as well as personal injury cases. Contact RS Office Laws today for personal attention and services regarding car accidents.
blogs
Four Arizona Workers’ Compensation Tips
If you live in Arizona and you suffer an injury while on the job, you should know your rights, in terms of representation, potential compensation, and the laws surrounding workers’ compensation. You should make sure to seek proper medical care, as well, and be certain to keep records of communications and treatments for future reference, […]
Types of Damages in a Motorcycle Accident
Motorcycles are an easy, exhilarating way to get around. No getting stuck in traffic and you can hit the gas pedal to the max. Exciting, right? Well, here’s the catch; although exciting, motorcycles are incredibly dangerous. A report by the Insurance Information Institute shows motorcyclists are usually 27 times more likely to lose their lives […]
Courtroom Movies for the Holidays
As winter sets in, the holiday season has truly begun. Many of us are looking forward to seeing our loved ones, some of us for the first time in a long time. Besides feasts and fireside chats, a lot of families have a tradition of gathering together and watching a holiday classic. Through the years, […]
Common Causes for Tractor Trailer Accidents
There’s a good reason tractor trailers require a specialty license to operate them. They’re big, fast, heavy, and – in the wrong conditions – incredibly dangerous. It is estimated that 3.5 percent of all automobileaccidents each year involve tractor trailers. Around 4,600 of these result in some sort of fatality. This can be due to […]
Pedestrian Safety in Cold Weather
When it’s cold outside, people drive worse than they did before. If you’re a pedestrian, you need to take extra precautions during the cold weather and, if you’re driving, you need to keep an extra eye out for pedestrians who are even harder to see, especially if snow is lowering your visibility. Safety is always […]
Five Types of Truck Accidents
Trucks are paramount to our country’s economy. Over 15 million trucks move across the country, transporting consumer goods from one state to another every day. But despite their essential place in our society, trucks are pretty dangerous and pose a high risk to every road user. It pays to know the different types of accidents […]
Great Motorcycle Roads in Arizona
There’s no freer way to see the great state of Arizona than to travel it by motorcycle. Being one of the last gateways to the West Coast, our streets are manifold, so your options are virtually endless. Whether you’re touring to see the mountains, the wildlife, the succulents or other plants, or just visit towns […]
The Most Common Types of Motorcycle Injury
The Most Common Types of Motorcycle Crashes According to the National Institute of Health, there are four main types of motorcycle crashes. Distinguishing these by category helps determine patterns that can later be used to help treat such accidents. The four main types are: The Most Common Injuries on a Motorcycle In the same study, […]
Safest Cars for 2022
If you are in the market for a new car, there are a lot of things on your mind. Besides cost and value, there is also style, reliability, and size to consider. But, above all, the most important thing should really always be safe when it comes to buying a new car. There are a […]
The Most Unsafe Era for Pedestrians in 40 Years
Pedestrian safety is of utmost importance right now, and not just because pedestrians legally have the right of way in most places in the United States. Being asafer pedestrian is always key to avoiding injuries by being aware of ones surroundings and avoiding distractions, but as it stands, North Americans are not stemming the tide […]
contact form
