After an auto accident, individuals may consult an auto accident attorney. A California auto accident attorney may assist individuals with auto accident civil suits. Additionally, an auto accident attorney may navigate individuals in the aftermath of an auto accident. California auto accident attorneys can assist in filing an auto accident report, dealing with insurance, and determining an individual’s next legal steps.

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Her Lawyer connects individuals in need of legal help with qualified attorneys based on their location, legal matter, and preferences. We can connect you with the right auto accident lawyer in California, including:

• Los Angeles
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California Auto Accident Civil Repercussions

In California, a car accident victim may sue to recover losses and damages. Courts consider car accidents a form of negligence. Therefore, the plaintiff must establish the defendant’s fault under the scrutiny of legal negligence provisions.

How can a California auto attorney establish fault in a car accident suit?

In California, the plaintiff must prove the defendant’s negligent actions caused the car accident or the other party directly violated the California Vehicle Code.

In California, under common law, four elements are necessary for courts to determine fault:

1. Duty

First, the plaintiff must prove the defendant owed the plaintiff a legal duty of care. In auto accident cases, the law automatically establishes duty. All drivers in California owe other drivers the duty to reasonable care when driving. While all individuals have a duty to reasonable care when driving, the expected legal duty of care is context-dependent. Thus, the expected duty of care may shift to accommodate the circumstances where the alleged negligence occurred.

2. Breach

Second, the plaintiff must establish the defendant’s breach of duty. A breach of duty occurs if the defendant did not fulfill the expected legal duty of care. Courts will not find the defendant guilty of negligence if the defendant did not breach the expected legal duty of care. In an auto accident case, the plaintiff or attorney must show the defendant failed to exercise reasonable care when driving.

3. Causation

Next, the plaintiff must prove the defendant’s breach of duty directly caused the plaintiff’s injury or harm. The plaintiff must also prove the resulting injury was foreseeable. In other words, a reasonable person could foresee potential injurious consequences of their negligent actions. If the defendant’s actions resulted in a random or unforeseeable action, the court will not find the defendant at fault. In an auto accident case, the defendant’s negligence must directly cause the auto accident.

4. Damages

Lastly, the plaintiff must establish damages from the defendant’s negligent action. If the court finds the defendant guilty of negligence, the court will award the plaintiff compensation proportional to the damages. Compensation may include economic and non-economic damages.

Does California possess a statute of limitations for auto accident lawsuits?

Yes, California possesses a statute of limitations for auto accident lawsuits.

A statute of limitation is a law establishing a time limit to bring cases to court. A statute of limitations forbids prosecutors or individuals from bringing cases to court after a person committed the crime a specified number of years ago. The purpose of limitations is to ensure evidence has not deteriorated over time.

In California, auto accident statutes of limitations are strict. Thus, individuals must adhere to the statutes of limitation. According to the California Code of Civil Procedure, the statute of limitation to file a lawsuit based on personal injury is two years from the date of the auto accident. The statute of limitation to file a lawsuit based on property damage, however, is three years from the date of the auto accident.

What does court-awarded compensation cover in California auto accident lawsuits?

Civil suits filed for negligent auto accidents in California may provide financial compensation for economic and noneconomic injuries and damages including:

• Car accident injuries (whiplash, burns, scarring, broken bones, etc.),
• Property damage,
• Medical bills,
• Lost income,
• Rental cars,
• Emotional distress, and
• Loss of consortium (deprivation of the benefits of family relationships).

The liable party or individual must pay the court-determined compensatory damages to the plaintiff.

What is a ‘pure comparative negligence’ state?

California is a pure comparative negligence state. A pure comparative negligence state uses a standard to approximate faults and award damages. In pure comparative negligence states, the court may find the plaintiff partially responsible for the injury. As a result, the court will reduce the awarded damages to account for the plaintiff’s proportionate responsibility.

Courts determine the plaintiff’s proportionate responsibility. Courts consider the degree to which the plaintiff is at fault for their own injuries. Either party may receive court-awarded compensation, regardless of their degree of fault in the accident. The court, however, will modify the party’s liability and compensation accordingly. For example, a judge who deems the plaintiff 20% at fault for an accident will award the plaintiff 80% of the individual’s damages.

What are the reporting requirements for auto accidents in California?

California legally requires individuals to report some auto accidents to the police and some accidents to the California DMV. Individuals involved in the crash must call 911 immediately after the accident if an injury or death occurs.

California state law requires individuals to file a crash report if the collisions involve:

• One or more deaths,
• One or more bodily injuries,
• A cumulative minimum of $1000 in property damage.

Responding police officers will file a crash report. If no police officers respond to the accident, involved individuals must file an accident report with the California DMV within 10 days.

How Can An California Auto Accident Attorney Help Me?

A California auto accident attorney may assist individuals through all steps of the legal auto accident process. In California, an auto accident attorney is essential for all accidents in civil or criminal court. Additionally, individuals may consult an auto accident attorney when filing a police report, accessing damages, or navigating insurance repercussions.

Free Consultation With a California Auto Accident Attorney

If you were recently in an auto accident and need a lawyer, get your free consultation with one of our California auto accident attorneys today! We’re here to help you 24/7.