When you are on the roads in California, you have a right to expect those streets to be safe for you. Unfortunately, sometimes drivers engage in careless — and even illegal — behavior that can cause you harm.
If you or someone you love is hurt or killed in a traffic collision, an Oceanside car accident lawyer at Miller & Steele Law Firm can help you in the aftermath. We’ll work with you to gather evidence, determine who was at fault, and bring a claim for damages.
Give us a call today at (760) 439-2210 to find out more about the assistance we offer.
What Rights Do You Have After A Car Accident?
Most California car accident claims arise out of negligence. As California Civil Code Section 1714 explains, “everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
If another driver is unreasonably careless — or behaves with a level of care below what a hypothetical reasonable person would while on the road — this can make the unsafe driver liable for any and all resulting loss. Those losses include economic and non-financial damage such as medical bills, lost wages, pain and suffering, and emotional distress.
California also applies pure comparative fault rules. While many states limit you to pursuing a claim to recover compensation only in situations where you either share no blame or were less than 50% or 51% responsible for the accident, California always allows you to make a case against a person or company who hurt you even if they played just a small role.
However, your compensation will be reduced based on your percentage of fault, under California Civil Code Section 1431.2.
Common Types of Car Accidents that Occur In Oceanside
Collisions have many different causes, but certain types of behavior are especially high risk and likely to lead to an accident claim. Examples include:
- Distracted driving
- Drowsy driving
- Speeding
- Reckless driving
- Driving while impaired by drugs or alcohol
If you can show a driver broke a safety rule, this creates a presumption of negligence that can make recovering compensation easier. If no specific safety rules were broken, you’ll need to demonstrate the driver was more careless than the average reasonable motorist would have been under the circumstances.
The Oceanside personal injury lawyers at Miller & Steele Law Firm will help you to gather evidence to show the other driver’s actions or inactions were the cause of the crash so that the driver should be liable for losses.
How Long Do I Have To File A Claim After A Car Accident?
There is a two year statute of limitations for injury claims as set in California Code of Civil Procedure section 335.1 so don’t hesitate to move forward with your case or your claim could be prevented from moving forward because too much time has elapsed.
Let Miller & Steele Law Firm Help You
Miller & Steele Law Firm has a long track record of representing car accident victims and we are ready to fight for you.
Don’t agree to settle with an insurer until you’ve talked to us, as their goal is to make the lowest payment possible to you while our goal is to ensure you are fully compensated for all your losses. Give our Oceanside car accident lawyers a call or contact us today at (760) 439-2210 to learn more.