California Car Accident Laws 101
If you are driving a vehicle in California, it is important to have a clear understanding about California car accident laws. This will assist you in avoiding frustration after you encounter an accident while driving.
The first thing you should know about California car accident laws is the deadline to file claims. You can find deadlines associated with every type of claim. As per car accident laws, you will need to file the claim within a period of 180 days. Statutes of Limitation are considered to be the most important deadline that you should keep in mind when you are dealing with car accidents. The law states that you must file a lawsuit in court within a period of 3 years of an accident in order to have your case heard. However, people are encouraged not to wait until the last minute, especially if they come across any personal injuries.
- Personal Injury Protection Claims
PIP claims come with two important deadlines and you will have to keep in mind. PIP can simply be defined as the insurance coverage which offers a certain amount to cover the medical expenses. In California, you will need to submit a PIP application within one year of the crash.
- Notice Issues
Notice issues can be considered a tricky part of the California accident laws. This is due to the fact that notice issues can get tricky for laypeople as well as lawyers. The notice should only be provided to specified individuals. It should also contain precise information about the claim. If you fail to give proper notice in a timely manner, you will not be able to receive the claims that you deserve.
Most of the vehicle accident claims and lawsuits are associated with negligence. Negligence is defined as the failure to behave with the level of care that a prudent person would have exercised in similar circumstances. For example, a person can cause an accident by running a red light, and this will fall under the umbrella of negligence. Courts analyze whether the driver acted as a responsible individual at the time of the accident. If not, the negligent driver will have to pay for the loss.
- Who Is Sued
According to the laws that exist in California, the negligent entrustment claim would usually be filed against the owner of a vehicle. That’s because the owner is responsible for letting another person drive the vehicle.
- Wrongful Death
It is important to have a clear understanding about how wrongful deaths are viewed according to California accident laws. Survival actions and wrongful death can be considered as sub-categories of the negligence claims. In other words, negligence can contribute towards the death of a person. As a result, both clams would be brought up.
The California accident law defines recovering the economic damages as well as non-economic damages. The damages which can be calculated with near exactitude such as medicine costs are viewed as economic damages under California car accident law. Damages, where specific values cannot be calculated, are considered under non-economic damages.
If you have a question about California car accident laws, it helps to ask an expert. An experienced lawyer can help guide you through any questions you have, and your court case. Don’t hesitate a top attorney like Matt Fleming when the worst befalls you.