Best Car Accident Lawyers Long Beach, CA Of 2023 – Forbes Advisor

After a collision, you can file an insurance claim with the at-fault driver’s insurance and attempt to recover your losses that way. But if injuries and damages are extensive or if the accident was complicated in nature, getting a high compensation may require going through a few rounds of negotiation and even litigation. If a civil action becomes necessary to get a fair compensation in your case, there are a few California car accident laws to keep in mind.

California Statute of Limitations for Car Accident Lawsuits

It’s important to be aware that there is a limited time frame for filing a lawsuit for damages in a personal injury case damages. This timeframe is governed by the statute of limitations, which restricts the time you have to initiate legal action in court. It’s critical that you file the lawsuit before the time frame expires, so that you don’t lose your right to hold the negligent parties accountable for the accident.

The California personal injury statute of limitations for most claims are two years. This means you have two years from the date of the accident to file a personal injury lawsuit against the negligent parties. If you are seeking to recover expenses for damage to your car, you have three years to file a property damage claim. In the case of wrongful death actions, you still have two years to initiate legal action, but the two-year window starts from the date of the victim’s death.

Keep in mind that the litigation and trial process may extend beyond the statute of limitations, but it’s crucial to take prompt action within the specified time frame to protect your rights and seek compensation for your losses.

Exceptions to Statute of Limitations in California

The standard two-year deadline applies in most car accident lawsuits. However, there are certain circumstances that can slightly delay or modify this deadline:

– The victim is under the age of 18
– The victim is legally insane
– The victim is in prison
– The defendant is out of state

In these situations, the countdown for the deadline begins once the reason for the delay no longer applies. For example, if the victim was a minor or mentally impaired at the time of the accident, the statute of limitations will commence when they turn 18 or when they are no longer legally considered insane.

If you are uncertain whether any of these exceptions apply to your case, we strongly recommend consulting with a car accident attorney in California. Seeking advice from a legal professional will help you understand your specific circumstances and ensure that you take appropriate action within the relevant time frame.

California Laws for Car Drivers

California has strict laws that govern various aspects of driving to ensure predictable and safe traffic patterns. Below are some of the most important laws that car drivers must adhere to when driving in the golden state:

Auto insurance requirements: Before hitting the road, all drivers in California must have an insurance policy. Starting January 1, 2023, insurance companies are required to electronically notify the DMV about a car’s insurance status. Failure to provide proof of insurance can result in the suspension of the vehicle’s registration until the mandated insurance is in place.

The minimum insurance requirements are as follows:
– $15,000 for bodily injury per person
– $30,000 for bodily injury per accident
– $5,000 for property damage per accident

While these minimum liability insurance amounts are legally mandated, we recommend purchasing additional coverage to protect yourself and your assets in case of an accident. Minimum liability insurance may not be sufficient to cover all losses in serious accidents, as it only covers damages caused to other drivers or pedestrians, and even that only to a certain limit.

Additional coverage options include comprehensive and collision coverage for your car damages, medical payments coverage for bodily injury to you or your passengers and uninsured or underinsured motorist coverage for situations where the at-fault driver has little to no auto insurance coverage.

Reporting a collision: If you are involved in a car accident, you must stop the vehicle and pull over to the side of the road or highway. Failing to stop can lead to severe penalties under “hit-and-run” laws. Immediately call 911 to report the collision to the police or California Highway Patrol (CHP). Additionally, you must file a car accident police report within 10 days of the accident if it resulted in injuries, death or property damage exceeding $1,000.

A police report is a crucial and unbiased document containing essential information such as the accident’s location, date and time, statements from drivers involved, details of injuries and car damages. It is a valuable document when filing a claim for compensation or making an insurance claim after the accident.

Eyes on the road: California prohibits writing, texting or reading messages while operating a vehicle. Drivers are not allowed to use a cellphone unless it is set up for hands-free calling and listening.

Click it or ticket: California law mandates that everyone 16 years of age or older must wear a seatbelt, including passengers in the backseat. Failing to wear a seatbelt can result in a fine of $162 for adults and $490 for not properly restraining children under the age of 16.

Identifying Fault for a Car Crash

California, unlike some other states, follows an at-fault system, which means you must establish the other driver’s fault or negligent actions to obtain compensation for your car accident.

There are two methods to prove the fault of the other driver in California: common-law negligence and negligence per se.

1. Common-law negligence: To prove common-law negligence, you have to demonstrate four elements:

  • Duty of care: The defendant had a duty of care to you. This is easy to prove since all drivers have an obligation to operate their vehicles safely. They have a duty to follow traffic rules and laws, to be aware of their surroundings when driving and avoid injuring others.
  • Breach of duty: The defendant breached the duty of care, for example, by speeding, running a red light, or not stopping at a stop sign.
  • Causation: The defendant’s actions directly resulted in the accident, such as a distracted driver crashing into the rear of your vehicle due to texting.
  • Damages: The accident caused physical or mental injuries and other monetary losses, such as medical expenses, vehicle repair costs, lost wages or diminished earning capacity.

2. Negligence per se: This legal doctrine applies when someone violates a specific provision of a statute designed for public safety. For example, if a drunk driver causes an accident, their actions are deemed negligent because they violated DUI laws meant to prevent intoxicated drivers from causing harm.

In this case, the injured party would only have to prove that the intoxicated driver’s actions caused their injuries and inflicted compensable injuries. Other than that, it will be the defendant’s responsibility to convince the jury that they weren’t negligent.

Comparative Negligence Laws

But what about cases in which both drivers were at fault for the accident? In situations like these, California follows the pure comparative negligence system, where both parties can seek compensation even if they were partially at fault for the accident. However, the amount they can recover will be reduced based on their degree of fault.

For instance, if you were found 20% at fault in an accident causing $40,000 in damages, you would be able to collect $32,000 in compensation (total damages minus your degree of fault).

How Can a Car Accident Attorney Help You?

A car accident can quickly pivot your life in an unexpected direction riddled with roadblocks you were unprepared to face. Having an attorney at this stage can fix your rising stress levels from having to navigate the unfamiliar legal process while recovering from your injuries.

The exact way an attorney can help depends on what transpired in your accident, who is involved, how it happened and the scale of your losses. But in general, here are some ways a car accident attorney in California can help:

  • Investigate your car accident: An attorney will thoroughly investigate your car accident, gathering crucial documents such as police reports, medical records, photographs and traffic camera footage to establish what happened. They may also interview eyewitnesses, investigating officers and experts to gather additional information.
  • Negotiate with insurance companies: Attorneys will engage with insurers on your behalf to reach a fair settlement. Insurance companies, at the end of the day, are profit-driven businesses. Having an attorney leading your case ensures that your best interest is always at the forefront of each decision.
  • Calculate your case’s value: In addition to your current accident-related expenses, you may be entitled to recover anticipated future expenses. An attorney will identify all such expenses, both present and future, to help calculate an appropriate settlement figure.
  • Legal representation in court: Take your case to court if the insurer refuses to accept liability and offer a fair settlement.