Mission Viejo is a bustling city frequently plagued by heavy traffic. It is inevitable that car accidents will happen in this city from time to time. The nature of car accidents can sometimes make it difficult to establish fault. When this happens, it is necessary to contact Mission Viejo car accident lawyers to make sure you receive the compensation you deserve.
Under California law, the plaintiff (the driver who initiates the lawsuit) is responsible for proving that the other driver demonstrated negligence. For this reason, it is important that the plaintiff’s car accident lawyer examine the details of the accident with great scrutiny. If it is revealed that the other driver was slightly intoxicated, driving over the speed limit, talking on their cell phone, or engaging in any other distracting activity behind the wheel, it may serve as evidence of negligence on their part. Driving an improperly maintained vehicle can also be considered negligence. Burned-out headlights, broken turn signals, and malfunctioning brakes are just a few things that can serve as evidence of negligence.
California Laws on Car Accident Damages
California law allows plaintiffs to seek compensation for three separate types of damages. Actual damages include all direct costs incurred as a result of the accident such as car repairs, property damage, and medical costs. Economic losses are wages lost due to missing work or a reduced earning capacity. Injuries and transportation problems caused by car accidents frequently result in missed work days or decreased job performance. For drivers who are already living on a tight budget, this can be a serious detriment. Finally, emotional and physical pain and suffering encompasses the decreased quality of life resulting from the after-effects of a car accident. Lifelong pain resulting from severe car accidents is not uncommon; such a situation warrants compensation beyond simply paying the medical bills. Car accidents can take a mental toll as well; highly traumatic accidents may lead to the development of anxiety, phobias, or even post-traumatic stress disorder.
Understanding Comparative Negligence in California
California law recognizes the comparative negligence doctrine, which means that when responsibility for a car accident is split between both drivers, they are both entitled to compensation based on their percentage of responsibility. An example of such an accident would be if a driver were to run a red light, but subsequently get hit by another driver who was exceeding the speed limit, and could not slow down in time. If you were involved in an accident that was not entirely your fault, you may be entitled to compensation for your injuries and damages.
California’s laws can sometimes be difficult to navigate, as can the mess of the insurance company’s red tape. This is why it is so important for ordinary citizens to have effective legal counsel on their side when dealing with car accident lawsuits. Contact a Mission Viejo car accident lawyer today to ensure that you are not swindled out of the compensation to which you are entitled.
California requires that all drivers carry a minimum amount of car insurance. If a driver doesn’t wish to carry auto insurance, the driver must register with the state and pay a cash bond, which will pay out after an accident.
There are dozens of ways in which a car accident can damage the livelihood of others. A driver, who causes an accident while talking on a cell phone, can neglect to yield to oncoming traffic or crash into another vehicle. Multiple people might suffer injuries because of that person’s driving. Milpitas car accident lawyers can help anyone injured because of that accident.
Potential Causes of Car Accidents
Milpitas residents find themselves involved in car accidents every day. Before an attorney can help survivors of an accident, the lawyer must determine who is at fault for the accident. One of the more common causes of accidents involves distracted driving. Drivers must keep their eyes on the road at all times and avoid any distractions inside the vehicle. A lawyer might determine that a driver caused an accident because of talking or texting while driving or because the driver focused more on other people in the car.
Hit and Run
A hit and run incident occurs when one person causes an accident and then leaves the scene. California state law requires that drivers contact police if they believe that the accident caused more than $750 worth of property damage, but they must also contact the police if anyone dies or has an injury. The hit and run laws are slightly different than the typical accident laws. This law states that drivers must stop at the scene and exchange insurance information. Anyone who leaves before this step occurs is guilty of a DUI.
Lawsuits and Settlements
Before filing a lawsuit, California state law requires that all victims of a car accident go through their insurance companies first. As it is in the best interest of the insurer to pay out as little as possible, most companies will offer a small settlement that only covers the property damage and immediate hospital bills. Milpitas car accident lawyers know that victims sometimes face years of additional hospital bills and a loss of wages. These lawyers will work overtime to get clients enough money to pay for everything they need after suffering through a car accident.
Like many states, California has a statue of limitations. This determines how much time can pass before those injured in an accident can file a lawsuit. In California, the personal injury statue of limitations is six months but the statue of limitations for car accidents is two years. Milpitas car accident lawyers can help you file your lawsuit before the statue passes.