Contributor
The aftermath of car accidents can be stressful, confusing, and overwhelming. Not only do you have to deal with potential injuries and shock, but also have to assess the damage to your car and deal with insurance. This scenario can be exacerbated if you made a mistake that contributed to the accident, even in a small way. Fortunately, drivers who played a role in accidents in California have an avenue for claiming compensation for injuries and car damage.
How California Determines Fault in Car Accidents
After a car accident is reported to the police, police officers and later a court will evaluate the evidence available to determine who is at fault. The party that is found to be at fault will likely experience a sharp rise in insurance premiums and may even receive tickets and license suspension depending on the severity of the accident. Authorities consider evidence such as witness testimony, camera footage, GPS data, damages to each vehicle, and injuries sustained to determine if there was negligence or malice. Sometimes fault may be shared between the parties. If, for example, one party was driving while distracted when another party made an unsafe maneuver, , both drivers may be considered to be at fault.
What is Comparative Negligence?
California's comparative negligence law comes into play when multiple parties are found to be at fault in a car accident. Authorities identify how much each party's actions led to the car accident and assign percentages of fault to each. These figures will impact the maximum compensation each party can receive in a car accident lawsuit. If a party chooses to bring a car accident claim in California with the help of a car accident attorney, (abogado de accidente de carro en California in Spanish) their compensation will be reduced by their percentage of fault. For example, if the a distracted driver brought a personal injury lawsuit with a car accident attorney and was found to be 30% liable for the accident, their maximum award amount will be reduced by 30%. This system helps drivers who may have made a poor choice recover some damages to help pay their bills.
Types of Car Accident Damages
If you choose to bring a lawsuit, consulting a car accident attorney in California could help you understand your rights and possible damages. While there is no obligation to retain a lawyer, some car accident victims find it helpful to reduce their stress through the legal process. Car accident lawsuits can potentially collect compensation for medical bills, therapy and rehabilitation costs, car repair or replacement, lost or destroyed property, pain and suffering, and punitive damages if the other party's negligence was particularly egregious.
What to Do After a Car Accident
If you were in a car accident, your first priority should be safety. Move yourself and your car, if possible, away from traffic and call 911 for medical assistance if you're injured. The police will also be dispatched to report the accident and help you move to a safer location when you call emergency services. Collect the other party's contact information and insurance policy so you can file a claim with your insurance company. If you believe you have a case for a car accident lawsuit, you can also reach out for a car accident attorney in California like those at Abogados Fuertes to come to you for a free consultation.
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