In the context of California traffic accidents, fault is determined by examining the facts of each case and assessing who was negligent. Negligence is established when it can be shown that an individual has failed to exercise a reasonable standard of care while operating or maintaining their vehicle, resulting in a collision. When another party’s negligence results in an accident, then there may be a right to a car accident insurance settlement for those who are injured.
In this article, we will discuss:
- What determines fault in an accident
- The rights of a person who is not at fault
- What this person can claim and who to file suit or claim against
- California laws on fault in traffic accidents
- Why it’s important to have a car accident attorney to help you
If you find yourself in the unfortunate situation of being in an accident that was not your fault, you have the right to claim insurance compensation. Contact the vehicle accident lawyers at Farahi Law Firm in California to get a free, no-obligation consultation.
What California Law Says About “Fault”
It is important to note that California is a comparative negligence state, which means that an individual involved in the accident may be partially at fault for the collision. As long as someone does not bear more than 50% of the blame for an accident, they can still potentially receive damages for their injury and other losses through a car accident insurance settlement.
For example, if you are involved in a car accident and the other driver is deemed 80% at fault, you may still be able to have some of your damages covered. As such, it is important that you work with an attorney with extensive experience in handling traffic accident cases and the settlement process to make sure that all evidence needed to prove your case is collected and presented properly.
California has a statute of limitations for filing a lawsuit after an accident. Injured parties have two years from the date of the accident to file a personal injury claim, or their right to sue may be extinguished forever. If the at-fault party is a government entity, then the statute of limitations goes down to six months. These deadlines are why it is essential that you don’t wait to file for a car accident insurance settlement, particularly if the accident had led to you being injured.
I Was Injured In An Accident That Wasn’t My Fault, Where’s My Car Accident Insurance Settlement?
When you are not at fault in an accident, you have the right to pursue a personal injury claim for damages. Depending on the circumstances of the case and the extent of your injuries, you may be entitled to compensation for:
- Medical Bills: If you’ve been injured in an accident, you may be entitled to compensation for the medical expenses incurred to treat your physical injuries. This includes medical treatment bills, doctor visits, medications, surgeries, and rehabilitation costs.
- Lost Wages: When you’re unable to work due to your injuries and need time off to recover, you can seek compensation for the wages you’ve lost during this period. This ensures that you’re not financially burdened by the accident.
- Pain and Suffering: Personal injury claims also cover non-economic damages such as emotional, mental, and physical pain and suffering. This compensation accounts for the physical and emotional distress you’ve endured as a result of the accident, including the impact on your overall quality of life.
- Property and Vehicle Damage: If your property or vehicle was damaged in the accident, you have the right to seek compensation for the repair or replacement costs. This helps you recover the value of what was damaged in the incident.
- Car Rental Costs: If the accident leaves your car inoperable and you need a rental vehicle during the repair or replacement process, you can claim compensation for these rental costs. It ensures that you’re not inconvenienced due to the accident.
- Other Out-of-Pocket Expenses: In addition to medical bills and lost wages, personal injury claims may cover various other out-of-pocket expenses related to your injuries. These can include transportation costs for medical appointments, prescription costs, home care expenses, and any other costs directly linked to your recovery.
If you were involved in a collision that was not your fault, then you should file a claim against the at-fault driver’s insurance company for compensation. California law states that all drivers must have auto insurance to cover the costs of an accident they are at fault for. An experienced accident attorney will obtain evidence to prove your case, handle medical records, and negotiate with the other driver’s insurance company on your behalf in order to secure a favorable outcome on your claim.
If the negligent party is a commercial business or government entity, then you may have to pursue a claim against them as well. This can be a complex process because there are certain rules and procedures that must be followed for such claims.
For instance, if a commercial truck hit your private car and you sustained bodily injuries, you may have to file a claim with the trucking company’s fleet insurance policy. If you got hit and injured by a government-owned vehicle, such as a bus, then you may have to file an administrative claim with the governmental agency.
How Much Insurance Settlement Can I Get For Being Injured In A Car Crash?
The potential insurance settlement you may receive is contingent on the severity of your injuries and the extent of property damage incurred. An accident settlement attorney can guide and help you gather evidence, including police reports, medical reports, camera footages, witness statements, and other documentation, to substantiate the full impact of the accident on you and your family. These damages encompass both economic and non-economic aspects, including medical expenses, rehabilitation costs, lost wages, pain and suffering, and other out-of-pocket expenses.
In terms of dollar value, an average car accident settlement can vary widely, ranging from a few thousand dollars to hundreds of thousands of dollars, depending on the specific circumstances of your case. For instance, if you’ve endured severe, lifelong injuries due to an accident not of your making, the sought-after damages could be significantly higher than those pursued for injuries that heal within a few months.
It’s important to note that insurance policy limits can also impact the final settlement amount. Your attorney will work with your policy limits in mind, still making sure to secure the best possible outcome for your accident claim. In cases of fatal accidents, a wrongful death suit may be filed on behalf of the deceased’s family, granting surviving members the right to seek fair settlement for funeral expenses, loss of consortium, loss of income, and the emotional toll of pain and suffering. Some wrongful death settlements have even reached millions of dollars, underlining the profound impact such accidents can have on those left behind.
Why Do I Need An Attorney For An Accident Claim?
The process for filing and pursuing a personal injury claim can be complex, especially when you are dealing with insurance companies that may have their own interests at heart. Personal injury lawyers are experienced in handling all types of accident lawsuits and will be able to help you obtain the maximum amount of compensation for your insurance claims.
At Farahi Law Firm, we have a successful track record in dealing with accident cases and will provide you with the legal counsel needed to ensure that your rights as an injured person are protected. If you or someone you know has been injured in an accident that was not their fault, please contact our office to learn more about your rights and how we can help you obtain the compensation you deserve.
Insurance adjusters will not have your best interests in mind and may try to minimize your claim or deny it completely. Having an experienced lawyer on your side is the best way to ensure that you receive the fair car accident insurance settlement you need to cover all of your damages, while ensuring that you experience a smooth and guided legal process for your accident claim.
Take action today and contact Farahi Law Firm for a free consultation with one of our experienced attorneys who will work tirelessly to help you obtain the best outcome for your case. With decades of combined experience in handling car accident cases, we are here to help you get the justice and financial compensation that is rightfully yours. Don’t wait — call us today!
