Best Car Accident Lawyers Oakland, CA Of 2024
Filing a lawsuit is not always required after an accident in Oakland. However, you can seek justice in the courts if you cannot reach a fair settlement with the at-fault party’s insurance. Read on to discover California’s crucial filing deadlines, car accident laws and tips for finding a reputable car accident lawyer in Oakland.
California Statute of Limitations
The statute of limitations in California determines the deadline for filing a car accident lawsuit and pursuing compensation. The California statute gives victims two years to file personal injury cases. The time starts ticking down on the day of your accident or injury. If you attempt to file a car accident lawsuit after the statute has passed, your case will most likely be dismissed, leaving you without legal recourse.
Exceptions to the California Statute of Limitations
Sometimes, the statute may be “tolled” (paused), giving victims more time to file a lawsuit. Such reasons can include:
The plaintiff (the person bringing the lawsuit) is a minor
The plaintiff is mentally or physically unable to file a lawsuit
The defendant has left the state or country
In some situations you may have less than two years to file your claim. Suppose your car accident injury occurred due to government negligence, such as a poorly constructed or maintained road. In that case, you must file a notice of claim within six months in California. Failing to do so could mean losing your right to seek damages.
Since various factors could shorten or lengthen the time available for filing a personal injury lawsuit in California, consider consulting with car accident lawyers in Oakland. A qualified attorney can clarify your options and observe all vital filing deadlines.
California Laws for Car Drivers
Like many other states, California has some unique car driving laws. Here is a small selection:
Liability insurance minimums. Insurance minimums for car drivers in California include $15,000 for injury or death to one person, $30,000 for injury or death to more than one person and $5,000 for property damage. Alternatively, a driver can have no insurance and deposit $35,000 with the DMV or obtain a surety bond.
Uninsured and Underinsured Motorist Coverage. California does not require drivers to have Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. However, car insurers must offer the coverage, and drivers must sign a written waiver declining UM and UIM.
Phone use while driving. While using a hands-free phone when driving is generally permitted, drivers under 18 are prohibited from using any cell phone for any reason in California.
Child passenger safety laws. California has strict child safety laws requiring children to be adequately secured in a child safety seat based on age, weight, and height. According to the California Highway Patrol, children under eight years old and under 4’9’’ tall must be secured in a booster or car seat in the back seat.
Identifying Fault for a Car Crash
California is an at-fault state, meaning that the person or entity responsible for a car accident or their insurance company must pay for the damages. Therefore, if another PERSON caused your accident and injuries, you can sue them and pursue compensation.
Comparative Negligence
California follows the legal principle of pure comparative negligence, which means injured individuals can pursue damages even if they are 99% responsible for an accident. Comparative negligence determines how liability is distributed among the parties involved in the crash based on their respective degrees of negligence.
However, when a plaintiff is partially at fault for a crash, the court typically reduces their award by their degree of responsibility. Here’s how this works in practice: Suppose you sustained $100,000 in damages in a car accident and are found to be 20% at fault. In this case, you would only be able to recover 80% of your damages ($70,000).
Claims in which several parties are responsible can be complex and contested. Moreover, the insurance company or defendant’s attorney may try to assign you an unfairly high degree of fault. Therefore, working with an attorney can ensure you are protected when partially at fault for a crash.
How Can an Attorney Help You?
An Oakland car accident attorney can help you get justice and compensation after a car accident. Here are some of the ways an experienced lawyer can help:
Determine who is responsible. An attorney analyzes your accident comprehensively with the help of professional investigators and identify all liable parties.
Calculate your damages accurately. Determining the worth of your claim can be challenging, especially when it comes to pain and suffering damages. Car accident attorneys accurately assess and calculate your past, present and future damages.
Gather evidence supporting your case. A skilled car accident lawyer helps obtain the crucial evidence required to build your case, such as traffic camera footage, photographs, witness statements, police reports and more.
Negotiate with an insurance company. Insurers may try to minimize, delay or even deny your accident claim. An attorney levels the playing field, negotiates with the insurance company and, if necessary, fights for what you deserve at trial.
Offer peace of mind. The aftermath of a car crash can be exhausting and overwhelming. An experienced attorney takes care of your case’s legal aspects, leaving you free to concentrate on your health and recovery.
