Depending on the situation, there are few incidents in your life that can be as traumatic and difficult to endure as a car accident. They can range anywhere from a momentary annoyance to a life-changing catastrophe, and it is up to you to decide how to handle the fallout. Understanding the California car accident laws may be a good way for you to avoid getting into potential situations. If you do find yourself in an accident, reach out to a lawyer as soon as you can.
California Car Accident Laws
You should always remember that a car accident can come out of nowhere to cause you untold grief and ongoing medical problems. You should try to drive defensively and remain prepared for an accident that could happen at any time. The resulting trauma that could happen from a car accident could be a lot to deal with. You should take the proper steps to protect not just yourself but also your potential accident claim.
California has many comprehensive car accident laws in place to protect victims of car accidents from being taken advantage of. They also provide detailed instructions on what you should do in the event of a car accident to make sure your claim is protected, and you are not convicted of any crime connected to your accident.
Mistakes to Avoid
If you are ever involved in a car accident, it is vitally important to your claim that you do not attempt to flee the scene of the accident. That would be the worst decision you could make for your case and could result in significant legal action being taken against you. You could end up charged with a hit and run.
If you are ever in an accident, simply stay put and call the authorities. When the police arrive, be honest with them but do not admit fault for the accident.
Another important law you may encounter is what could happen if you don’t move your car. After an accident, you need to move your car out of the road, or it could cause another accident and hurt somebody else. If you do not move your car and the police have already told you to, they could have it removed by force and impounded. At that point, it would be up to you to pay to get it back.
The Statute of Limitations
If you ever find yourself dealing with the fallout of a car accident and you wish to take legal action against the negligent party who caused your accident, it is absolutely vital to your case’s success that you pay attention to the statute of limitations for personal injury claims in California, and that includes car accident claims. For most cases, you have two years from the date of your accident to establish grounds for your case and file a claim for damages.
If you cannot file your claim before two years have passed, you may have to prepare yourself for disappointment. Your case will likely be dismissed, and your claim will be denied. Your chance to pursue compensatory damages will pass by with no legal action taken. Building a strong case can take time, so you should file your case as soon as possible. If you are concerned your case is weak, you should take what you have to an accident lawyer and see what they have to say.
FAQs
Q: How Do You Determine Fault in a Car Accident in California?
A: Fault is determined in a car accident in California by painstakingly analyzing all the evidence of the accident. An insurance adjuster will launch an investigation into the accident and review everything that’s happened, including accident reports, photographs, video footage, medical reports, and witness statements. By examining the details of the accident, they will determine who is likely at fault.
Q: Is California a No-Fault State for Car Accidents?
A: No, California is not a no-fault state for car accidents. California is a fault state for car accidents, which means that the driver found responsible for causing the accident will be held liable for reimbursing the other driver for any damages caused by the accident. If both parties share in the fault, the amount of compensation could be reduced by each party’s percentage of fault.
Q: What Happens If a Minor Crashes a Car in California?
A: If a minor causes a car accident in California, the state’s parental liability laws will likely find the minor’s parents or guardians to be financially responsible for compensating the victims of the accident. In addition, the driver’s insurance company will likely assist in covering losses. It largely depends on the case at hand and whether the minor is found to be at fault.
Q: Do I Need a Lawyer for a Car Accident in California?
A: No, you do not need to hire a lawyer for a car accident in California. If you want to handle your own legal matters and represent yourself, you are within your legal right to do so. There is no law that says you need to hire a lawyer. However, it is recommended that you always consult with a legal professional anytime you are dealing with legal strife. Having someone in your corner who understands the law can benefit you.
Contact an Experienced Lawyer Today
Nobody enjoys getting in a car accident, and the financial and physical fallout can be even less enjoyable. Still, it may be important to you to hold the right people accountable for their actions by seeking legal action with the help of an experienced car accident lawyer.
The legal team at McLachlan Law, APC can help make sure that your case is taken seriously and the right steps are taken to help you secure compensatory damages. We can help you build up your case, gather the right evidence you’ll need, and make sure you aren’t taken advantage of at any point during your case. Contact us to speak with a valued team member and schedule a consultation. The sooner you engage our team, the faster we can resolve your case.