California Traffic Accident Attorneys
In 2013, 223,128 people were injured and 3,104 were killed in California traffic accidents, according to the California State Patrol. California accident victims and their loved ones may be able to recover substantial compensation, but you need experienced California traffic accident lawyers on your side. You cannot rely on the insurance companies to pay fairly or in a timely fashion, and they may not pay at all. A California traffic accident lawyer will fight for your right to full compensation.
If You Were Partly to Blame for Your Accident
After an accident, you should never discuss or admit fault to people on the scene, insurance company representatives, or anyone except your attorney. However, in California you can recover compensation for your injuries even if you were 99% to blame. The catch is that your damages will be reduced by your portion of blame, so if your damages are $100,000 and you were 75% at fault, you can only receive $25,000.
Statute of Limitations
The statute of limitations for a traffic accident lawsuit, in California, is two years. That means you must file your lawsuit within two years of the date of the accident. However, there may be even shorter deadlines that apply in your case.
For instance, if a defective roadway or a government employee caused your accident you may have a very short amount of time to take legal action because you will be suing a government entity.
Intoxicated Drivers
If an intoxicated driver caused your accident, you have a good chance of winning punitive damages. Punitive damages are meant to punish the wrongdoer rather than to compensate the victim and they are not available in most types of traffic accidents.
If the drunk driver was under 21 years old, you may be able to recover compensation from the person or establishment that served them. California has very limited dram shop laws, but does hold establishments and social hosts liable if they serve a visibly intoxicated minor. In fact, if you were the underage drunk driver, you may be able to collect compensation for your injuries.
Although businesses are not held civilly liable for serving adults who cause accidents, they can be held criminally liable for serving habitual drunkards and may be forced to pay restitution for your injuries.
California Victim Compensation Program
An alternative source of compensation for hit and run victims, as well as victims of intoxicated drivers, is the California Victim Compensation Program (CalVCP). CalVCP provides compensation to crime victims and their dependents.
A hit and run driver may never be located and those who are do not always have insurance. Habitual drunk drivers are often uninsured. Although it cannot provide the level of compensation that you can receive through a personal injury or wrongful death lawsuit, CalVCP can pay for medical expenses, lost income, home and vehicle modifications for disabled victims, and more.
If you have been injured in a California traffic accident or lost a loved one in a fatal crash, please browse our directory of car accident lawyers to speak to one of the experienced California traffic accident lawyers profiled on this website.