In 2016, there were 1,530 people killed and injured in Oxnard car accidents. Unfortunately, many of the surviving victims and families were left feeling lost and confused. They weren’t aware of the ways in which they could recover compensation for an accident. Only some of those victims realized that a car collision could result in a civil lawsuit.
When Is a Car Accident a Civil Lawsuit?
If you’re involved in a car accident and the incident was completely your fault, you can’t file a civil lawsuit. However, most accidents are complex and involve fault on the part of multiple parties. If someone else caused your accident, you might be able to file a civil lawsuit against them.
Even if you are partially responsible for the accident, you could have a lawsuit. According to California personal injury law, you are allowed to claim damages for an accident if you share some of the blame. As long as you can place some of the blame on another party, you may be able to file a lawsuit against them. This is known as comparative fault, and it limits your recovery of the damages to an amount proportionate to your degree of fault.
Therefore, it’s not always in your best interest to file a lawsuit. If you are 90% responsible for a car crash, you are only able to recover 10% of your claimed damages. You also must compensate the other party for 90% of their damages.
How Can You Determine Who is At-Fault?
One of the most important details of your accident is determining fault. If you know who is at-fault, you can decide what course of action you need to take.
Finding out who is to blame is often difficult. This is because there are many potential causes of car accidents. Before deciding how to obtain compensation, you should consider the circumstances surrounding the accident.
If another driver was texting and driving, drunk driving, speeding, or ignoring traffic signals, they are at least partly to blame for the collision. Their actions are considered negligent, which makes them financially responsible for the accident. You could file a personal injury claim against them to seek compensation for all of your damages.
Usually, the police report will give you some indication of fault. If they believe someone is responsible for an accident, they will state that in the police report. When the time comes to file a lawsuit or an insurance claim, the report could prove your case.
Why Does It Matter?
If someone’s negligence was the cause of your accident, you may file a personal injury claim to seek damages for your pain and suffering, medical bills, and missed wages. This money makes it much easier to recover and limits your own financial burden.
If you are responsible for the accident, you need to go through your own insurance company. While this does help relieve a portion of the financial burden, it does not take care of everything. You still must meet your deductible and you could have a cap on your policy.
There’s also the issue of your premiums. If you go through your own insurance, your monthly premiums will increase. In many cases, this causes a financial strain.
The King Law Firm wants you to get the money you deserve for your accident. Your car accident could result in a civil lawsuit, but the process isn’t easy. With the assistance of an attorney, you improve your chances of a successful claim.