Fatal and serious car accidents are not unusual in California. Such crashes can often be attributed to reckless driving, speeding, aggressive behavior, and distracted driving. If you were injured in an accident in Bakersfield that wasn’t your fault, you must seek legal representation. A personal injury lawyer can offer an outline of your claim and if you can file a lawsuit against the at-fault driver. Working with the right Bakersfield CA car wreck law firm can improve your chances of getting a fair settlement. In this post, we are sharing more on the state laws of California concerning car accidents.
Immediately after your accident in Bakersfield
It is okay to feel stressed after an accident, but you are expected to take action to help others. First and foremost, pull over and call the local law enforcement. If someone is injured, call 911 immediately. You are required to report an auto accident in California, if
– Someone was injured in the accident
– Someone was killed
– The crash caused considerable property damage, worth $1,500 or more
You must file a report with the California DMV within ten days from the date of the accident.
The statute of limitations
If you want to file an injury lawsuit against the other driver at fault, you have three years to take action. The statute of limitations in California allows three years to bring such lawsuits, counting from the date of the accident. In case someone was killed in the crash, a wrongful death lawsuit can be filed by the family members or heirs, for which the deadline remains the same. In case of such lawsuits, the statute of limitations allows a deadline of three years, and the clock starts ticking from the date of death.
When you have a share of fault
If you have a role in causing the accident, your settlement would be lower than expected. California follows the pure comparative negligence rule. You can file a lawsuit against the other at-fault driver, even if your share of fault is more than 50%. However, the claims adjuster of the insurance company will consider that aspect. Also, the other party may file a claim with your insurer.
Call a lawyer
Don’t let the accident stress overwhelm your mind. Talk to an attorney to know the best course of action for your circumstances. Your attorney has a key role in negotiating with the insurance company, which can be tough and complicated otherwise.