Last Updated: August 16, 2024
Laws /
If you are involved in a car accident, safety is your first priority. Check for injuries and call 911 for medical assistance. It’s important to move to a safe location if possible, but don’t leave the scene. Exchange information with the other driver, including names, contact details, and insurance information. If there are witnesses, get their contact information too. Always take photos of the accident scene, your vehicle, and any visible injuries. These steps can be crucial for legal and insurance purposes.
After an accident, you may need to file a claim with your insurance company or the other driver’s insurer, depending on the accident circumstances and local laws. Provide all the necessary documentation and information about the accident. The insurance company will investigate the claim, assess vehicle damage, and determine fault and payout.
If you’re injured in a car accident, you have the right to seek compensation. This includes coverage for your vehicle, medical expenses, lost wages, and, if applicable, pain and suffering. Consulting with a legal professional can help you understand your rights in your specific situation.
Determining fault involves analyzing the accident’s circumstances, the drivers’ statements, witness accounts, and evidence from the scene, such as photos and surveillance footage.
California laws follow a pure comparative negligence standard. In other words, the plaintiff can claim damages for the accident, even if they were 99% responsible for the collision. This allows accident victims to claim compensation for damages, even if they bear a level of fault for the accident. In these cases, the compensation the plaintiff can recover is reduced by their percentage of fault.
For example, if the plaintiff is found to be 30% responsible for the accident, they would be eligible to collect 70% of the total damages available for their losses. However, it is important to note that other states follow different negligence standards, and this rule may differ depending on where your accident took place.
Compensation after a car accident may cover various losses, including medical costs, rehabilitation, lost earnings, future lost income, property damage, and non-economic damages, like pain and suffering. The specific amount depends on the details of the accident, the severity of your injuries, and the insurance policies involved.
The timeframe to file a legal claim after a car accident, known as the statute of limitations, varies by state. For example, in California, you have two years from the date of the accident to file a lawsuit. Missing this deadline can prevent you from pursuing compensation through the courts, so it’s crucial to act quickly.
If the at-fault driver is uninsured, you may still have options for recovery. You can file a claim under your own insurance if you have uninsured motorist coverage. This policy is designed to cover your losses in such situations. If you don’t have this coverage, seeking legal advice is recommended to explore other possible avenues for compensation.
Consulting with a lawyer can significantly impact the outcome of your case. Experienced car accident attorneys can provide crucial advice on the legal aspects, help you understand your rights, and ensure that all necessary paperwork and deadlines are met. They can also protect you from unfair compensation offers and ensure that you receive the maximum compensation possible.
The Auto Accident Team is dedicated to supporting you through the complexities of car accident claims. By understanding your rights and the legal pathways available, you can better navigate the aftermath of an accident and focus on your recovery.
National Highway Traffic Safety Administration. (2024). 2022 Quick Facts (Publication No. DOT HS 813 563). Retrieved from https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813563
Auto Accident Team is not a law firm nor a lawyer referral service, and it is not providing legal advice. We are a free service that compiles information for individuals seeking legal relief for auto accidents. Auto Accident Team does not endorse or recommend the law firms that participate in our network.
Advertising paid for by participating attorneys in a joint advertising program, including Kevin Danesh, licensed to practice law only in California. A complete list of joint advertising attorneys can be found at https://www.autoaccidentteam.com/sponsors/. You can request an attorney by name. 1-800-THE-LAW2 is not a law firm or an attorney referral service. This advertisement is not legal advice and is not a guarantee or prediction of the outcome of your legal matter. Every case is different. The outcome depends on the laws, facts, and circumstances unique to each case. Hiring an attorney is an important decision that should not be based solely on advertising. Request free information about your attorney’s background and experience. This advertising does not imply a higher quality of legal services than that provided by other attorneys. This advertising does not imply that the attorneys are certified specialists or experts in any area of law. No legal services will be provided unless there is a signed agreement between client and attorney.
