Menifee Personal Injury Lawyers
- October 8, 2016
In California, a multitude of factors produces an auto accident. These factors range from adverse road conditions to criminal acts. The ultimate cause of these accidents defines whether or not a victim retains the legal right to file a claim. The El Dabe Law Firm helps victims who have a viable claim for their injuries and property damage.
What is the Statute of Limitations?
The statute of limitations in the state for auto accidents is two years for personal injuries associated with an auto accident. It defines a three-year limitation for any property damage produced during the accident. Victims who do not file their claims prior to the end of these limitations forfeits all rights to compensation.
How is Pure Comparative Negligence Defined?
The state of California is classified as a fault state. This implies that the driver who is at fault can become the defendant in a lawsuit. Fault states do not require the victim to suffer serious injuries or obtain additional tort-based coverage to possess the right to file a lawsuit.
On the other hand, this classification also provides the state with the right to assess the victim’s role in the accident. Under the pure comparative negligence ruling, the state retains the right to reduce a monetary award based on the victim’s responsibilities.
The court assesses the events leading up to the accident. If the victim committed a traffic violation, they share the blame for the accident. The state assigns a percentage based on the severity of the infraction. The monetary award is reduced by the assigned percentage. However, if the percentage is greater than fifty percent, the victim doesn’t receive any monetary award if they win.
Criminal Infractions Associated with Auto Accidents
Traffic violations that lead to an auto accident include speeding, reckless driving, and failure to yield or stop. A more severe violation that leads to an auto accident is DUI. The drivers receive a citation for more common offenses. However, a DUI requires an immediate arrest. Any driver with a blood-alcohol content reading of at least 0.08 percent is guilty of this infraction. Drunk drivers who cause auto accidents incur additional charges.
Wrongful Death Connected to a DUI
The state reserves the right to increase the driver’s charges if a fatality occurs due to a DUI. The most common offenses are manslaughter or vehicular homicide. The driver’s blood-alcohol content reading defines the charge assigned. Any reading that is at least 0.16 percent implies aggravated DUI. A homicide charge is associated with this reading most often.
Products Liabilities Associated with Auto Accidents
A products liability exists in an auto accident if mechanical parts caused the accident. Investigations for accidents involving commercial vehicles uncover these circumstances often. Faulty auto parts such as brakes are a predominant cause of these accidents. On the other hand, the techniques for the installations are also assessed in these cases. If the mechanic didn’t follow the manufacturer’s instructions properly, they are at fault.
Premises Liabilities in Auto Accidents
Conditions such as damaged parking lots and roadways lead to auto accidents as well. If the driver doesn’t see these conditions, they are more likely to lose control of their vehicle. While most incur property damage only, a need for repairs presents the right circumstances to cause a collision. The owner of the establishment could be held accountable due to the existing hazards around their property.
How Can the El Dabe Law Firm Help You?
After an accident with injury occurs, the law firm helps victims file a lawsuit to collect compensation. The monetary award for auto accidents reflects the medical requirements for the victim, the cost of property repairs, and lost wages. The victim’s injuries define the value of the award in terms of loss. A permanent or long-time disability has the greatest impact on the victim. They include but are not limited to disfigurement, loss of limb or function, and traumatic brain injuries.
If a fatality occurs, the law firm proceeds with a wrongful death claim. These claims are based on circumstances that could have been avoided. For example, a DUI is a choice made by the at fault driver. The driver’s choice to get behind the wheel resulted in the death of the victim. Therefore, a wrongful death was produced.
In California, victims of auto accidents retain the right to file a legal claim against the responsible party. However, it is vital to review all angles and identify the defendant clearly. Victims who need legal representation contact the El Dabe Law Firm today.