Auto Accidents

California Laws When Entering a Highway

Many California car accidents are caused by drivers failing to yield properly when entering and exiting highways. Drivers in California must understand their duties to other vehicles on the road. Anyone entering a highway must yield to oncoming traffic and use appropriate caution. If you’ve been injured by a person illegally entering a highway in the Costa Mesa area, contact an auto accident attorney.

Statute of Limitations in California – Automobile Collisions

California law limits the amount of time an auto accident victim has to file a claim or lawsuit to preserve their right to recover damages suffered as a result of the accident. The amount of time that is allowed depends on the type of damages sustained in the automobile collision. Victims who suffer property damage have three years to file suit in the court to seek redress for the damage to their vehicle (cost of repair, rental car or loss of use, total loss value and/or diminution of value), while victims who suffer a bodily injury have two years from the date of the automobile collision to file a lawsuit in California to pursue their rights for injuries sustained in the collision (medical bills, pain, and suffering, loss of earnings). An auto accident attorney can help you determine the applicable statute of limitations to your case. There are certain circumstances in which the statute of limitations may be extended as it relates to minors (persons under the age of 18). There are also certain circumstances where the period is either shorter and will require you to first file a claim. It is dependent on the entity or persons involved who caused the collision. You must hire an auto accident attorney to make certain you preserve your claim rights and not “blow” the Statute of Limitations deadline applicable to your injury-causing event.

Comparative Fault Theory

The state of California adheres to the theory of pure comparative fault. Comparative fault basically means that more than one party can be held financially responsible for injuries caused by an accident and victims are not barred from recovering compensation, even if they contributed to the accident. Comparative fault allows anyone injured in an accident to recover compensation, as long as they are not solely responsible for the accident. An auto accident lawyer in Costa Mesa, California can help to minimize the amount of fault you are apportioned.

Apportionment of Fault

When more than one party is responsible for causing an accident, each will be held responsible to the degree of their own fault. If an injured victim contributes to his or her own injury, their ability to recover compensation will simply be reduced.

Damages: Injury victims have the right to request both economic and non-economic damages. A knowledgeable California auto accident attorney can assist in calculating the damages in your case.

Economic Damages: Economic damages are verifiable monetary losses. They can include:

• Medical bills
• Lost earnings
• Loss of employment
• Loss of the use of property
• Costs of property repair or replacement
• Burial or expenses

Non-Economic Damages: Non-economic damages are non-monetary losses and can include:

• Emotional or physical pain and suffering
• Mental suffering
• Loss of consortium or companionship
• Inconvenience
• Damage to reputation
• Embarrassment or humiliation

Experienced California Auto Accident Attorneys

Hiring an auto accident attorney to handle your Costa Mesa, California car accident lawsuit can help you to maximize the amount of compensation you recover. At Kevorkian & Madenlian, our attorneys understand how important fair compensation can be. We have decades of experience handling complex auto accident cases and have recovered millions in damages for our clients. Call us today.

General Information:

• What Is Fault? How Will It Affect My Auto Injury Case In California?

Automobile accidents are very common in California, many times resulting in injuries from soft tissue damage to fractures and even paralysis or death. If injured in an auto accident, seek medical care immediately, file a police report, and if possible, take pictures of the involved vehicles and get the contact information of all witnesses.

Dealing with car accidents is stressful and frightening. Moreover, the process of contacting your insurance company, getting your car repaired and seeking medical treatment can be extremely overwhelming and time-consuming. In addition to making sure you receive medical care we reduce your stress by working immediately and contacting the insurance carriers on your behalf so you don’t have to deal with them. You focus on your recovery while we take care of the rest.

If injured in an auto accident, contact our experienced legal team immediately.

You may be entitled to compensation for several things, including, but not limited to, your medical bills, injuries, time out of work, and the pain and suffering you endured. We are here to help and will fight to secure the compensation you deserve.