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
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 […]
Driving on the 101
Living in California, there is a big focus on driving. With everyone rushing off to work, sitting in traffic, or getting around to see people, it can be easy to forget how much fun the open road can really be. As we swing towards the end of summer, you want to set aside some time […]
Five Products for Truck Driver Safety
Truck drivers are the backbone of the economy, and their safety is of the utmost importance. Not only are they at special risk of trafficaccidents, but truck driving comes with a host of other dangers. The easiest way to stay safe while driving any vehicle is being aware of your surroundings and making sure your […]
Basic Bike Safety
Since 2014, in Los Angeles, more than 180 bicyclists lost their lives when colliding with motor vehicles in and around Los Angeles. More than 50,000 bicyclists suffer serious injuries in such collisions nationally. Understanding some basic bike safety might help you better avoid accidents in the future. As bicycles increase in daily use for Americans, […]
How Lemon Laws Apply to Defective Kia Vehicles
There is nothing more annoying than driving a car that is constantly having issues and needs repair on a regular basis. Kia, which is one of the fastest growing auto manufacturer in North America, is under scrutiny because some of its models have recurring problems that continuously need repair. If you have a Kia vehicle […]
Who is Liable in a Motorcycle Accident?
Motorcycles provide less inherent safety than vehicles. As a result, motorcycle accidents have a greater impact on the motorcyclist than a motorist driving a car. According to the NHTSA motorcyclists are 28 times more likely to die than car occupants in a crash per vehicle mile traveled. Identifying the party at fault is critical to […]
Top 3 Benefits of Engaging a Car Accident Lawyer in Los Angeles
Top 3 Benefits of Engaging a Car Accident Lawyer in Los Angeles Being in a car accident, regardless of how minor, can be pretty devastating. So, if you’ve recently been involved in a car accident in Los Angeles and you are confused, we assure you it is completely normal to feel that way. Car accidents […]
Five Products for Increased Pedestrian Safety
While pedestrians typically have the right of way in most places, that doesn’t automatically make everyone around you a better or safer driver. As pedestrians, we have to activelypractice safety in order to make sure that we are the ones most responsible for our personal safety. Staying aware of our surroundings is always step number […]
Introducing MADD
As it says on their website, “the mission of Mothers Against Drunk Driving (MADD) is to end drunk driving, help fight drugged driving, support the victims of these violent crimes, and prevent underage drinking.” And these mothers and their supporters work tirelessly to improve policy and law-making, and they are a force to be reckoned […]
What to Look for When Hiring an Attorney
In Arizona and California, two big car cultures on the grow, you’re statistically more likely to be involved in some sort of motor vehicle accident or have some other legal concerns surrounding your automobile. Other injuries, like dog bites and slip and falls, are all-too common, and can be difficult to navigate with some kind […]
contact form