Knowing the state-specific laws and time restrictions for filing a lawsuit can be crucial for your car accident case in Santa Ana. Here are some examples of California-specific laws and regulations:
California Statute of Limitations
The statute of limitations determines the timeframe for filing a lawsuit. According to California law, car accident victims usually have two years from their accident and injury to file a claim. Once the time has run out, victims generally cannot file a lawsuit anymore. However, there are some exceptions when the statute may be paused (tolled), such as:
- The injury was not discovered right away
- The defendant is a minor
- The defendant is out-of-state or incarcerated
Since cases where the statute of limitations is tolled can be complex, consider speaking to a car accident lawyer in Santa Ana to clarify your options and determine the best timing for your lawsuit.
Claims Against the Government
Individuals with personal injury claims against a government agency must observe special rules and deadlines in California. For example, before you are allowed to file in court, you must first file an administrative claim with the relevant agency within six months of your accident or injury.
California Laws for Car Drivers
Like other states, California has its own regulations when it comes to car insurance coverage and traffic laws. Here are some examples of California laws for car drivers:
- Minimum insurance coverage. California drivers must have minimums of $15,000 for injury or death to one person, $30,000 per accident in bodily injury liability coverage and $5,000 for property damage.
- Cell phone use while driving. In California, it is illegal to use a hand-held device while driving. However, the use of a hands-free phone or device is allowed, except for drivers under the age of 18, who are prohibited from using a cell phone for any reason.
- Car seat laws. Children must be secured in a rear-facing car seat until they weigh 40 or more pounds or are 40 inches or taller. All children must be secured in an appropriate car seat in the rear seat of the vehicle until they are eight years old or 4’9” tall.
Identifying Fault for a Car Crash
In California, determining fault in car accidents follows the pure comparative negligence principle. When an accident occurs, the responsibility for the crash and resulting damages is assigned based on the degree of fault of each involved party, regardless of their proportion of fault.
Why Is Determining Fault Necessary?
Identifying fault is necessary to ensure innocent injured individuals receive appropriate compensation and those responsible are held accountable. Typically, the at-fault party’s insurance covers the other party’s losses.
How is fault determined?
Fault in California car accidents is established by analyzing the accident and evidence, including:
- Eyewitness accounts
- Police reports
- Photos and videos of the crash
- Expert witness testimony
What Is Pure Comparative Negligence?
Pure comparative negligence provides that even those partially responsible for a crash can recover damages for their injuries and financial losses. However, the compensation is reduced by their percentage of fault.
How Can an Attorney Help You?
A car accident lawyer in Santa Ana can be your advocate and defend your best interests in settlement negotiations and in court.
- Offer legal guidance. An experienced car accident attorney knows the California traffic laws and regulations pertaining to your case. They can walk you through your options, navigate the legal process on your behalf and ensure to protect your rights effectively.
- Gather evidence to prove your case. Car accident lawyers can gather crucial evidence to support your claim, including accident reports, medical records, witness statements and expert witness opinions.
- Stand up to the insurance company. Insurers may deny, delay or minimize your claim, hoping to get away with paying as little as possible or even nothing at all. An attorney can level the playing field and protect you from an insurer’s manipulative tactics, negotiating a fair settlement on your behalf.
- Value your car accident claim. An attorney will calculate your past, present and future damages relating to the crash. They can protect you from accepting a lowball settlement offer from an insurer if your case is worth much more.
- Represent you at trial. A car accident attorney can present your case to a judge and jury, cross-examine witnesses and powerfully argue your case. With a skilled lawyer in your corner, you can maximize your chances of a favorable verdict.