Unique Aspects of California Auto Accident Law
California Auto Accident Laws - Things you should know about accidents
Getting into an auto accident is often just the beginning of a confusing legal process that leaves some people shaking their heads in anguish. Reaching a fair settlement in an auto accident often involves navigating the complex terrain of accident laws and insurance policy regulations.
The Los Angeles auto accident attorneys at Law offices of Cavalluzzi & Cavalluzzi represent accident victims in the LA area and help them recover their damages. We strive to be as forthcoming as we can with the legal complexities and devote this article to explain some key things you should know about auto accident laws in California.
What is pure comparative fault?
Pure comparative fault is a distinctive aspect of California auto accident law that limits the amount of recovery by the amount of fault for accident victims.
Consider the following example: Person A was awarded a $100,000 settlement for their auto accident injury. But Person A was also found to be 20% liable for the accident. Therefore, the law deems that Person A is entitled to $80,000 of their settlement.
This simple example illustrates a much larger concept of how state laws settle matters of fault and liability during accidents. The general guidelines remain the same, but when an accident involves multiple drivers, injured parties, and various degrees of fault, it gets complicated.
Who pays?
The question on everyone’s mind is, "Who is going to pay for my injuries and damages?" The simple answer is the insurance company, but as to how much and what kind of damages is contingent on the type of policy coverage:
- Liability â typically pays for damages caused by the policy holder’s vehicle in an accident.
- Collision â typically covers all damages incurred to both vehicles & all passengers.
Insurance policies are vastly complex and can be far-reachingâmeaning that your policy may cover a host of damages such as medical fees & property damage for all injured parties. On the other hand, a more modest policy may only cover a percentage of the total damages.
An attorney can help you fully understand the active policy and what you are entitled to recover.