Car accidents can be traumatizing events that lead to painful injuries, an uncertain financial future, and many unanswered questions. An experienced Chula Vista personal injury attorney from the Miller & Steele Law Firm can help with your accident. We can explain your legal rights and options during a free consultation. Contact us today for a free case review.
Is California a No-Fault State for Car Accidents?
California is an at-fault state for car accidents, which is the opposite of a no-fault state. In no-fault states, each injured driver turns to their own insurance for initial coverage after an accident and may be prohibited from filing a personal injury claim against the at-fault driver.
In an at-fault state like California, injured parties file a claim against the at-fault driver’s liability insurance company. The minimum liability amounts in California are:
- $30,000 in bodily injury for one person injured in an accident
- $60,000 in bodily injury for more than one person injured in an accident
- $15,000 in property damage per accident
An experienced attorney can help identify all the insurance that applies under the circumstances.
Common Causes of Car Accidents in Chula Vista
Some of the leading causes of car crashes throughout Chula Vista, California, and surrounding areas include:
- Speeding
- Distracted driving
- Driving under the influence of drugs or alcohol
- Running red lights or stop signs
- Failing to yield the right of way
- Making unsafe lane changes
- Making unsafe passing
- Vehicle defects
- Negligent vehicle maintenance
An experienced Chula Vista slip and fall accident lawyer can investigate your case to determine how the accident occurred and who is responsible for it.
What If More Than One Person Is At Fault for an Accident?
In many auto accidents, more than one driver may be at fault. Sometimes, the victim may have contributed to the accident. In these situations, California applies its pure comparative negligence rule.
Under this rule, an injury victim can still pursue compensation, even if they were mostly at fault for the accident. However, their compensation is reduced by their degree of fault. For example, if they were found to be 10% at fault of the accident, their compensation is reduced proportionately by 10%.
What Types of Financial Compensation Can I Recover After an Accident?
California personal injury law allows accident victims to seek compensation for the full extent of damages they suffered as a result of the accident, which might include:
- Medical costs: Ambulance rides, hospital stays, surgeries, diagnostic tests, medication, physical therapy, rehabilitation, and future medical expenses
- Lost income: Compensation for immediate lost wages, as well as any reductions in long-term earning capacity
- Property damage: Costs to repair and replace damaged vehicles and other personal property
- Out-of-pocket expenses: Rental car expenses and rideshare costs
- Pain and suffering: Physical pain and suffering, mental anguish, and emotional distress caused by the trauma of the accident
- Incapacitation: Permanent impairment or disability caused by the accident
- Reduced quality of life: Compensation for recognition of the negative impact that the accident had on your quality of life
- Disfigurement: Scarring and disfigurement for physical injuries caused by the accident
Let our experienced legal team determine all the damages we can seek on your behalf.
How Much Is My Car Accident Case Worth?
The potential value of your car accident claim depends on various factors, such as:
- The type and severity of your injuries
- The identity of the party or parties responsible for your accident and their insurance coverage
- The value of your economic damages, such as your ongoing medical treatment and lost wages
- The impact, if any, on your long-term earning capacity
- How long and severe was your pain and suffering?
- How is your life affected because of the accident and your injuries
- Whether you contributed to the accident
Our experienced legal team can carefully review your claim and determine its full value.
What to Do After a Chula Vista Car Accident
While it is difficult to keep your composure after an accident, the steps you take immediately after an accident and the days and weeks following it can have a substantial impact on your case. If possible, take the following steps to protect your legal rights and safety:
- Get to safety: Move your vehicle out of the path of traffic to avoid secondary collisions. Do not stand in the roadway. Try to conduct the exchange of information with the at-fault driver on the shoulder of the road, out of the path of traffic.
- Report the accident: Call 911 and notify the dispatcher that there was an accident. If anyone appears injured, request that an ambulance be sent to the accident scene. When a law enforcement officer responds to the scene, be polite, but stick to the facts. Avoid speculating on fault. Ask how to receive an accident report once it is finalized.
- Exchange information: Ask the other driver for their name, contact information, driver’s license number, and insurance details. Ask any witnesses to write down their names and contact information.
- Document the accident scene: Take pictures or videos of the accident scene from multiple angles. Document skid marks, debris on the roadway, damage to all vehicles involved, and your injuries.
- Seek medical attention: Whether by being transported to the emergency room by the ambulance that is deployed to the accident scene or by seeking follow-up treatment after the accident, be sure that you are promptly checked out. This can help minimize the damage to your body and build a solid foundation for your personal injury case.
What Is the Deadline to File a Car Accident Lawsuit in California?
In California, the statute of limitations generally requires car accident victims to file a personal injury lawsuit within two years of the accident date. If you don’t file your lawsuit within this timeframe, you can be barred from recovering compensation through the civil court system. Protect your rights by reaching out to an experienced Chula Vista accident lawyer today.
Contact Our Chula Vista Car Accident Attorneys for a Free Consultation
An experienced Chula Vista car accident attorney from the Miller & Steele Law Firm can help you with all aspects of your car accident claim. Call us today for a free consultation.