On the night of 27th March 2021, one person was seriously injured in a rollover crash at the intersection of Ethnic and Antelope Roads. As per the police records a golf cart had rolled over at the intersection suddenly.
The reasons for a golf cart to be present on the road at that time of the night is still undetermined. One occupant of the golf cart fell out and sustained major injuries in the accident. The injured victim was taken to Inland Valley Hospital for treatment.
Car accidents can completely change the life of the victims in the blink of an eye. Being involved in a car crash can have an adverse impact on the physical and emotional health of the victim and above all, there can be a huge financial burden with regards to hospitalization, medical costs, loss of income etc.
Unfortunately, car accidents have become too common on the busy roads of Menifee. They have become a daily occurrence due to the huge traffic on the roads, high speeds and instances of bad driving behavior like texting and driving, drunk driving etc.
Though there are strict traffic laws in place to protect the motorists and passengers, the negligent and irresponsible behavior of some people leads to crashes and injuries. If you or your family member has been involved in a car accident in Menifee, speak to a personal injury lawyer who specializes in Car accident cases and understand what are your rights and if you are entitled to compensation for your injuries.
Determining Fault/ Liability in a car accident in California
California is a “fault “state, which means when a car accident occurs the at-fault driver would be held responsible to pay for the damages and injuries resulting from the crash.
Practically speaking, the at-fault driver’s insurance company will have to cover for the injury claims arising from the accident, and the at-fault driver will pay for it in the form of a higher car insurance premium the next year.
California’s Comparative Negligence Rule
The California state laws with regards to claim and settlement are significantly different if a party (Victim) is also partly responsible for causing a car accident. The victim can recover compensation from the other at-fault party however, any compensation recovered will be reduced by the percentage of their fault and then paid. In legal terms, California is considered to be a “pure comparative negligence” state.
So, how is this “pure comparative negligence” rule applicable in court? In California, the judges and juries follow the rule to determine the amount of compensation if the case reaches the lawsuit stage. If the case doesn’t reach court, the car insurance claims adjuster considers California’s comparative fault rules while determining the amount of claim.
Let’s take an example, your car met with an accident because the driver of the other car made a sudden unsafe lane change. However, at the same time, you were driving above the speed limit. If your case reaches the court for settlement, then you may be held 15% responsible for the accident because of your speeding. Under California’s comparative fault rules, you would be entitled to receive only 85% (100- 15%) of the total damages, because 15 % was considered to be your fault for the accident.
Car Insurance Rules in California
Car insurance plays an important role in any compensation claim associated with a car accident. To operate a vehicle legally on state roads and highways, California requires the owner of a vehicle to hold a certain amount of insurance cover or prove financial responsibility in case a car accident occurs.
As per the California Insurance Code §11580.1b all costs related to a car accident should be covered. The law requires the car owner to have a 15/30/5 coverage policy, which includes:
- $15,000 coverage for injury or death of one person
- $30,000 coverage for injury or death of more than one person
- $5,000 coverage for any kind of property damage
The above mentioned are the minimum requirements for insurance coverage for any car owner in California. Many drivers also take additional insurance for collision, medical payments, and comprehensive coverage.
Understanding the California auto insurance rules is important to determine the compensation post a car accident. Professional car accident lawyers have the required knowledge and experience to handle such cases and obtain the rightful compensation for their clients.
What to do after a car accident?
It can be helpful if you know the basic steps required to be taken post a car accident in California. Each case is different and what steps need to be taken is dependent on the severity of the accident, the parties involved, and other factors. As a victim of a car crash if you believe you are not getting the compensation you deserve, contact a personal injury lawyer immediately.
We at Khashan Law are southern California Personal Injury lawyers, having a wide variety of experience and knowledge. Over the last few decades, we have represented thousands of clients. Contact us if you have been involved in a car accident and we will ensure that you are treated fairly and you get the compensation you deserve.