As you may know, Southern California is constantly jammed with cars, trucks, buses, motorcycles and pedestrians. With all this activity, automobile accidents become a common occurrence. In actuality, automobile accidents in Southern California are more commonplace than nearly any other place in the nation. Just recently, on May 2, 2016, two individuals were killed in an automobile accident between a truck and a car just north of Imperial Avenue. Said crash occurred on I-805 in the Downtown area. The road remained closed for enough time for the Serious Crash Unit to investigate.
If you or your loved one has been in an automobile accident at the fault of another person, it is imperative to hire an attorney for your case. You may be entitled to significant compensation. The Southern California personal injury attorneys at the Law Office of Patrick G. Shea APC are here for you! Our office will take the time to listen to the details of your situation and will use our years of legal experience to help pursue your goals.
California’s Negligence Law
Claims for damages arising from an automobile accident are normally settled outside of court. Nevertheless, you (“Plaintiff”) still must show that the other party (“Defendant”) was at fault for causing the accident. In legal terms, you must be able to show by the preponderance of evidence that Defendant was at least “negligent” in causing the accident. Negligence in California consists of the following five key elements.
First, Plaintiff must show that Defendant owed Plaintiff a particular duty of care. It is common knowledge that a driver on California roadways owes a duty to other drivers of safe, reasonable travel and to avoid causing an accident. Second, Plaintiff must show that Defendant breached said duty of care. This may be accomplished by establishing that Defendant’s driving was unreasonable and an accident occurred.
Third, Plaintiff must show that Defendant’s breach actually caused Plaintiff’s injury. Fourth, Plaintiff must show that Defendant’s breach was the proximate cause of Plaintiff’s injury. This means that Plaintiff must show that his or her injury was a “foreseeable” result of Defendant’s breach. For example, an automobile accident with a nearby car is certainly foreseeable when Defendant is driving negligently or recklessly. Fifth, finally, Plaintiff must be able to show his or her resulting damages or injuries. California negligence law does not presume damages in negligence cases. Here, Plaintiff can show medical bills/records or photos of your damaged car, for example.
California’s Comparative Negligence Law
Please be advised that your degree of partial fault will not destroy your chances at compensation. In California, unlike a few states, such as North Carolina and Washington, DC, if Plaintiff is partially at fault he or she may still recover. California, along with 12 other states, recognizes “pure comparative fault.” In sum, Plaintiff may recover even if he or she is 99% at fault. However, Plaintiff’s recovery will be reduced by his or her degree of partial fault. It should further be noted that, though you can win your case despite being found partially at fault, your recovery will be deduced per your degree at fault. For instance, if it is found that you were 20 percent at fault, recovery is held at $100,000, you will get $80,000 of that (20% of 100).
Statute of Limitations
If settlement discussions fail, you may file your personal injury lawsuit with the Court. Yet, there is a time limit on how long you have to file your claim. This is called the “statute of limitations.” In California, actions for personal injuries must be brought within two years of the date of the accident. Yet, if your claim is against government agencies, the lawsuit must be filed within six months of the injury. This time limitations should be strictly adhered to because if you do not file your lawsuit within this period, you are most likely barred from doing so.
Hire an Attorney for your Case
Again, if you or your loved one has been in an automobile accident at the fault of another person, it is critical to hire an attorney for your case. The Southern California personal injury attorneys at the Law Office of Patrick G. Shea APC are here for you. We are prepared to help you. If you are unsure if you have a case, if you have already been turned down by another law firm, or if you simply have gotten frustrated with the bureaucracy and red tape when dealing with insurance companies, call on us for advice, support, and guidance.
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