A sudden & impactful car accident can disrupt your life. Unfortunately, such collisions, accidents, and crashes are reported in Stockton every year. Besides pain and suffering, you may have to deal with impending medical bills, loss of wages, and other losses. If the car accident was a result of someone’s negligence or carelessness, you may consider filing a personal injury lawsuit, asking compensation for your losses. Among other things, you need to consider talking to a car accident lawyer in Stockton, so as to understand your options. In this post, we are sharing critical aspects related to car accident laws in California, which are worth knowing.
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About Reporting The Accident
You are required to report a car accident in California, if the accident resulted in injuries, death, or property damage worth $1,000 or more. Drivers involved in an accident are required to file a crash report with California DMV within 10 days from the date of accident.
Knowing Statute of Limitations
In all states, there is a statute of limitations that sets the deadline for bringing personal injury lawsuits after a car accident. In California, you have two years to file a lawsuit, counting from the date of car accident. If the accident resulted in death, the immediate family can bring a wrongful death lawsuit within two years, as per the statute of limitations. Note that the clock starts ticking for wrongful death lawsuits from the date of death, which can be different than date of accident. If a government employee was responsible for the crash, you have six months to file a lawsuit.
The Pure Comparative Negligence Rule
California a “pure comparative negligence” state. This basically means that after a car accident, you can file a personal injury lawsuit, even when you had part share of fault. Your share of compensation will be, however, reduced by your percentage of fault. Unlike states that follow the modified comparative negligence rule, the pure comparative negligence rule in California allows a driver to pursue a lawsuit, even when their share of fault is more than 50%.
Get An Attorney
Following an accident in Stockton, you may want to consult an attorney, to know if you can file a valid personal injury lawsuit. Your attorney can help in reviewing the worth of your claim, and how to move ahead with the lawsuit, so as to maximize the settlement. Call an attorney immediately after the accident, so that there’s scope to gather evidence.