Who Can File Auto Accident Claims In The State Of California?


If a car accident happens, there is usually at least one person who received some kind of damages. These damages can be:
  • Injuries
  • Property damage
That means that the person who suffered damages can file a claim against the liable party, and if proven to be a victim, get compensation for (all) damages.

The most common question is the following: Who can file auto accident claims in the state of California? Here are some facts and tips that will help you understand the answer to the question.

The Victim

Usually, after a car accident, the police arrive on the scene and start crafting a report. This police report will have all the details given by both parties involved (assuming that there were only 2 parties involved). The police report will be used to determine the person responsible for causing the accident. Additionally, the attorneys of both parties may conduct an investigation to determine the person responsible for causing the accident. Once the investigation is done, the evidence gathered will be used to prove that one (or both) parties are to blame.

So, when a fault is determined, whoever is not 100 percent at fault of causing the accident, may file a car accident claim. That means that even the person who is 80 percent responsible for causing the accident can file a claim to recover those 20 percent of damages.

 If there is clear evidence that one side is 100 percent at fault for causing the accident, the victim has every right to seek compensation for all the damages he or she suffered.

Pedestrian

There are a lot of car accidents involving pedestrians in California. Most of them end up with an injured pedestrian and some damage to the driver’s vehicle. If the pedestrian was a victim and not responsible for causing the accident (crossing the street at the wrong place, being reckless while walking or running down the street), the pedestrian may file an auto accident claim against the person who was driving the car that hit him (the pedestrian).

The auto accident lawyer in Los Angeles advises you to seek immediate representation if you have been hit by a vehicle.

Bicyclists

Sadly, there are many car accidents where one of the parties involves was a bicyclist. For that reason, as long as the bicyclists was a victim, he or she may file a car accident claim against the car driver and seek compensation for injuries. Compensation is usually issued for:
  • Medical costs
  • Property damage
  • Pain and suffering
It is important to understand that not all insurance companies are willing to simply hand you over the compensation. For that reason, you should consult with a Los Angeles personal injury lawyer right after the accident and seek their help in securing your compensation. They will help you evaluate your case and hire additional experts to help you obtain the funds you are entitled to.

As long as you were involved in a car accident, as long as you are a victim (regardless of what you were doing at the moment or what means of transport you were using), you have the right to file a claim against the person responsible for causing the accident.


Location: Los Angeles, CA, USA

Comments

Post a Comment

Popular posts from this blog

Types of Compensation You will Get after Car Accident

Image
Car accidents are responsible for over 3,000 injuries in California every year. They are so common that on average, every citizen of California will be involved in at least one car accident for every 17 years of life. But what exactly do you do once you are involved in a car accident? Who do you talk to, and what is the next step? We talked with experienced Los Angeles Car Accident Attorney , and here is what they had to say. Medical Expenses Once the accident happens, the most important thing is to treat your injuries. Medical bills are known to be very expensive, but as a victim of the accident, you have nothing to worry about. You will receive fully paid medical care, involving the following: Surgeries Hospital Stays Ambulance costs Medication and prescription drugs Costs of rehabilitation In-home services (if needed) Cognitive therapy (in case of brain injury) Prosthetic devices After an accident, contact a car accident lawyer Los Angeles and seek his le
Read more

Over Speeding Can Lead to Serious Car Accidents?

Image
When on the road, there are many things to watch out for to prevent an accident from happening. One mistake can cost you your life, especially while speeding. Did you know that it is the speed that kills, not impact of the accident? Yes, it doesn’t make any sense… Or does it? Think about it. A vehicle travelling 30 miles per hour and getting in an accident will most likely end up with no casualties, while a vehicle travelling at 70+ miles an hour will most likely end up with casualties. Simple physics, the faster the vehicle, the more force it projects, leading to more devastating outcome of the crash. Not only that, but while speeding, your car becomes harder to control, and you have higher chances of making a mistake and causing an accident. Excessive speeding is a problem. But what about speeding in general? Majority of car accidents happen while the driver is either distracted or speeding. Everyone can assume that driving at 100 mph is foolish, dangerous a
Read more

How to Use Distracted Driving As Evidence to Build Your Car Accident Case

Image
Do you feel confident behind the wheel? People believe that driving is nothing more than sitting behind a wheel and pushing the pedal until you arrive from one place to another. But did you know that every day, 9 people are killed in an accident involving a distracted driver? No matter how good of a driver you are, as long as there is someone heading your way or driving in a lane next to or behind you, they too may be responsible for your safety. If you are involved in a car accident , here is how you can use the other driver’s distracted driving as the main evidence to build your case upon. Understand What It Means First, you need to be 100 percent sure that you fully understand what distracted driving involves: Drinking and/or eating while driving Smoking while driving Conversing with your passengers Applying make-up Shaving Losing focus (daydreaming) Using electronic devices (cell phone, radio) Driving while intoxicated Each of the above-listed
Read more