A California car accident and the resulting injuries can turn out to be very serious. Both in terms of physical bodily harm to the involved individuals and financial damage to the automobiles involved. Car crashes can cause injuries ranging from bruises or scratches to life-threatening. Following the accident, there will be a lot of legal issues. This is why car accident laws are put into place to provide compensation to the individuals involved.
After the accident, when one is trying to navigate the technicalities and the legal issues, blaming and finding fault with the involved parties will arise. For example, who hit who was driving with more negligence, and which side is to be held accountable? Hence, the California car accident laws on fault and comparative negligence were put forth. This, and some current changes in the personal injury laws due to the pandemic effect, will be explained to you in this article.
Fault-Based Insurance System
California’s fault-based insurance system will allow the individuals affected to claim compensation from the individual or party that was at fault for causing the accident. With the help of an experienced attorney, the person affected can take action against the person responsible.
The accident should be one involving negligence. The person who suffered can claim the negligent driver’s insurance company and ask for compensation. If the person causing the accident is not insured or is insufficient to cover the damages, one can even claim their own insurance company.
Also, many factors should be covered before any action is taken. First, you need to prove that the other person is at fault. Insurance companies will not be willing to answer any claims made by individuals on their own. If an attorney is present, you can persuade them with the facts and the accident.
This brings us to the evidence. If there are any physical injuries, they must be recorded. Witness information and testimony should be recorded. The insurance details of both parties involved and the medical information showing that the person has sustained injuries should be presented.
Hiring an experienced attorney and providing them with all this information will take half the burden off of your shoulders. The attorneys will fight the case from your side while you can focus on your recovery and personal issues.
Comparative Negligence in California Car Accident Law
If two or more parties were involved in the accident, it was evident that the other party would also try to claim the compensation and put the fault on you. Also, as a matter of fact, in many road traffic accidents, both parties will be at fault to at least some extent. California’s comparative negligence law affects how much of the claim you can recover based on the part you played in the accident if any.
Let’s say, the other party was at 80% fault, and you were at 20% fault in causing the accident. So in this instance, if you get a $10,000 verdict as compensation, the 20% for which you were accountable will be reduced, and you will be able to recover the remaining amount. Meaning you’ll receive $8000.
California negligence law is different from those of the other states as it does not cap recovery at 50% fault. People who were held accountable for 90% fault in the accident can also claim compensation. The amount you can recover will be decided by checking the facts and information regarding the accident. Experienced attorneys and facts about the accident can help you increase the amount you can recover.
COVID-19 and Personal Injury Law
With the pandemic came many changes in all aspects of everyone’s lives. Likewise, there were also changes in the personal injury law landscape. The main changes that you need to know are;
Trucking Regulations
Essential services vehicles and truck drivers worked hard during the pandemic. Before, there were no specific rules or regulations on how long a truck driver can drive or work. Now, new regulations are in action. Goods delivery pointedly increased during the pandemic. This caused increased fatigue in the drivers and the number of potential fatigue-caused accidents. Now the regulations allow the drivers to avoid hours of service regulations based on their physical conditions.
Quarantine and Courtrooms
With lockdown and Quarantine during the pandemic, courthouses were closed, and a huge number of lawsuits were delayed. Now, as every office is reopening and people are getting back at work, there will be a huge workload at the courtrooms and for the attorneys. So the delayed lawsuits and trials will be back in the courthouses slowly but steadily.
Call Our Los Angeles Car Accident Lawyers Today
The bottom line is that California car accident laws can quickly work in your favor, provided you have the proper facts to prove your case and a well-experienced lawyer at your disposal. Proving that a person is at fault in an accident is tough. Along with the added aspect of the pandemic, there will be many complex injury claims and lawsuits. Hence, it is essential to hire a lawyer who knows what they are doing.