Car accidents are very common in California. Many people find themselves severely injured, sometimes permanently disabled in car accidents.
Even in case of minor accidents, the survivors will have mental trauma for years to come! That is why you should contest an accident compensation claim if you are not responsible for it.
Once you have decided to apply for a claim, the next step is attorney hunting. A Stockton car accident attorney can give you legal advice to move forward with the case.
Find out how to choose an attorney for your case in the sections to come.
What are the accident laws in California?
In California, there is no “no-fault” law. It means that you are not automatically entitled to insurance if you meet with an accident. If you are a car accident victim, the compensation comes from the at-fault party’s insurance.
Nevertheless, all car drivers in California should have minimum car insurance coverage.
- As a victim, you will get compensation from the negligent driver by filing a personal injury suit.
- In some cases, there will be no identified negligent driver. Then, you will get the medical bills and other expenses covered via your insurance.
How to identify the at-fault party?
By examining the point of impact, you can identify the at-fault car. For instance, in a T-bone collision, the victim’s car will have a dent in the middle, and the car that hit it will have damage in the front.
Another way of proving fault is checking if the negligent driver obeyed the traffic and road rules. For example, accidents at intersections commonly occur when a driver runs a red light or exceeds the permissible speed limits.
In the case of rear-end car collisions, there is a presumption that the rear car driver is at fault. So, it will be easy to establish negligence.
If both parties are responsible for the accident, the court will look at comparative fault, and the compensation will be in proportion to the fault.
What gets covered in insurance compensation?
In California, economic, non-economic, and punitive damages get compensation.
- Economic damage includes medical expenses, property damage, loss of income, etc.
- Emotional trauma and pain come under non-economic damages.
- Punitive damages apply in special cases where the negligent driver was extremely reckless. You should claim it if the driver was trying to injure you on purpose.
How can an attorney help you?
Car accident claims require legal know-how, which an attorney specializing in the niche will know. Similarly, when there is a dispute between those involved, you need an experienced lawyer to prove the cause.
- Lawyers can help collect evidence and witnesses to prove who is at fault.
- They will also try to resolve the matter at the earliest. It is wiser to have your attorney handle the insurance agents, even when there is no dispute regarding the fault.
- Your lawyer will negotiate with the at-fault party and get you a higher compensation than what you will get otherwise.
If you are a car accident victim, please do not hesitate to contact and hire a car accident attorney. The sooner you do it, the better are your chances at getting a higher claim approved.