An unprecedented number of car accidents are reported on California roads every year. Motor vehicle accidents and crashes are rather common in Los Angeles and Orange County. While there could be various causes of such accidents, negligence often tops the list. So, what is negligence anyway? All drivers on the road owe a “duty of care” to driver safely. When they fail to behave or act as expected of them, it could be a case of negligence. Talking to one of Orange County personal injury lawyers for such accident-related claims and lawsuits can help in many ways.
Things to understand
Negligence is a serious concern. A simple example of negligence would be something like texting, or using the phone, while driving. California is an at-fault state, which means that the driver must pay for the damages incurred by others (either through their insurance company or directly). In most cases, the biggest aspect is about establishing liability and fault, for which evidence and investigation will matter. An attorney, with experience, knows what it takes to build a case, and as needed, they may talk to experts or even choose to use accident reconstruction services.
Understanding the “pure comparative negligence” rule
California follows what is known as the “pure comparative negligence” rule, and this can complicate things for those who have incurred injuries and damages. In “pure comparative negligence” states, a person can ask for compensation, even if their share of fault in the accident is more than 50%. However, their awarded compensation will reduce by the percentage of their share of fault.
For example – if you were injured and your damages amount to $10,000 with 10% fault, you will only get $9,000. Note that you can file for compensation, even when you have 99% fault in causing the accident. In the real world, however, there is no point of such claims or lawsuits, because the other party will file a claim/lawsuit against you to recover their losses.
Hire an attorney immediately
Negligent car accidents can be hard to prove, and valuable evidence can disappear in no time. California’s statute of limitations allows only two years to file personal injury lawsuits, and the same deadline applies to car accident cases too. Find a personal injury lawyer in California that you can trust, and don’t shy away from asking questions related to their experience.
Ensure that your lawyer has experience of handling cases at trial, although most personal injury lawsuits are settled outside of court.