San Francisco features some of the nation’s most hazardous streets. When drivers are careless, accidents can happen that result in harm to one or both parties, collateral damage, or, worse yet, an avoidable death. The lawyers at Bogaards Law have defended individuals hurt in car accidents throughout the Bay Area, so they are familiar with the steps necessary to establish fault.
The following are just a few of the many auto accident cases that Bogaards Law handles:
- car accidents
- commercial trucking accidents
- pedestrian accidents, and
- cycling accidents.
If you have been in a car accident, you might be unsure of what to do next. An outline of California’s laws governing personal injury lawsuits and auto accident claims can be found below.
Why You Need an Attorney for Car Insurance in California
A personal injury or property damage claim is made with the motor liability insurance of the other driver in California. Their motor insurance provider examines your claim and decides whether or not to pay any compensation. This offer is frequently far less than it ought to be. Hence, you must retain a knowledgeable California automobile accident lawyer to handle your claim negotiations.
Drivers in California are required to have a minimum of $5,000 in property damage coverage, $30,000 in bodily injury liability per accident, and $15,000 per person for bodily injury liability. This is fairly low when compared to other states. Frequently, a person’s medical costs and other damages will be greater than the liability insurance policy’s maximum.
How to Get Your Money Back in California
As long as the other motorist is somewhat to blame, you are entitled to damages in California. This means that you might be able to receive compensation for your injuries even if you are solely to blame for an accident. A “pure” comparative negligence rule is what is meant by this. Depending on how much of an accident you were to responsible for, your damages will be lessened.
Let’s use an accident where you were 10% at fault as an example, and you were given $100,000 in damages. 90%, or $90,000, can be recovered.
Legal Liability in Car Accident Cases in San Francisco
In California, insurance claims are handled under an at-fault system. This means that if a motorist is held accountable for a collision, they are liable for making up for the losses of the opposing party or parties (this is typically done through an insurance policy). Legal culpability usually rests on the idea of negligence in car accident situations. Drivers have a responsibility to operate their cars safely and reasonably for the benefit of other drivers, passengers, and pedestrians.
How can you tell whether a different motorist was careless? To ascertain if another person was negligent, an attorney can assist with the accident investigation. Usually, four factors need to be demonstrated in order for negligence to be established. One, that you owed a duty of care to the other driver. Second, that their behaviour violated that duty. Third, the accident was caused by or involved the duty breach. 3. You actually experienced harm or damages as a result. Speeding, driving while intoxicated, disobeying traffic signs or signals, as well as general inattention or distraction, are a few examples of behaviours that may fit these requirements.
Always entrust the task of establishing responsibility and liability to an experienced lawyer. In order to gather evidence against an at-fault party, your attorney may use eyewitness statements of the collision, video security footage, photographs of the accident scene, the type of damage to the vehicles, and other methods. The investigation and discovery phases of a claim are greatly facilitated for accident victims by a team of skilled attorneys. After a damaging collision in San Francisco, the lawyers at Walkup, Melodia, Kelly & Schoenberger can assist you in understanding these laws. Avoid attempting to handle a challenging auto accident claim by yourself. Hire a knowledgeable and experienced attorney to defend your rights.
