Best Car Accident Lawyers Chula Vista, CA (2024) – Forbes Advisor – Technologist

If you’ve been injured in a car accident, you may be able to file a lawsuit against the person who caused your injuries. Doing so requires a bit of knowledge about California’s car accident laws, how fault is determined and how an attorney can help you. We cover this and more below.

California Statute of Limitations for Car Accident Cases

Under California Law, personal injury claims must be filed within a specific time frame before they may be considered invalid. This is known as a statute of limitations. For car accidents—and other personal injury matters—you have two years from the day you were injured to file a claim.

Though most car accidents have a hard deadline of two years, there are some exceptions. If your lawsuit is against a government agency, you have only six months from the date of your injury to file your claim.

In some situations, the statute of limitations may “toll” or pause. If a minor is injured in a car accident, for example, the statute of limitations would be suspended while they were still a minor. Once they become an adult, then the limitation period starts—they have two years from that day to file a claim.

California Laws for Car Drivers

California has a number of laws that, if broken, could impact how much you can claim in damages—such as if you were texting while driving, for example. Here’s a roundup of some of the most relevant laws in the state.

• Mandatory insurance coverage. Drivers are required to have mandatory insurance coverage on the road. They need at least $15,000 of liability coverage for bodily injury or death to an individual, $5,000 of liability coverage for property damage and $30,000 of liability coverage for injury or death to more than one person.
• Cell phone usage. Drivers are not permitted to use their cell phones while operating a vehicle unless they can do so hands-free (e.g., on speaker). Drivers under 18 years of age cannot use a cell phone in any manner whatsoever.
• Child safety regulations. Children who are two years or younger must travel in a rear-facing car seat unless they are over 40 pounds in weight or over 40 inches in height. Children aged eight or younger must be secured in a booster seat or car seat in the back seat of a vehicle. Children who are eight years of age—or four feet nine inches tall—can be secured by a booster seat rather than a car seat, so long as it is at least secured by a seat belt.

Identifying Fault for Car Accidents in California

California uses a tort or fault-based model for car accident insurance claims. This means that whomever is shown to be at fault for an accident must use their liability coverage to pay the other party’s damages. If the damages are greater than their coverage—or their insurance company refuses to pay the amount requested—a lawsuit may be needed to obtain full compensation.

Fault is typically determined by assessing who caused the accident. To pursue a lawsuit you need to show the other party’s negligence was the legal cause of your injuries. Negligence is defined as failure to use reasonable care in a given circumstance. In the context of car accidents, all drivers have a duty to use reasonable care to make sure they operate their vehicles safely.

When determining recovery amounts, California uses a pure comparative negligence doctrine. Courts assign a percentage of fault to each party, and the damages they can claim are reflected by their percentage of fault. For example, if you are shown to be 30% at fault for an accident, and your claim is for $100,000, you can claim only up to $70,000 to reflect your responsibility in the accident.