California Car Crash Law Info, Facts Lawsuits Reading

California Car Crash Law Info

Damages for Car Accidents under California Law

Generally, an individual injured in an California automobile accident may bring a claim or lawsuit to recover the following:

Actual Damages (Expenses associated with property damage and medical costs),
Economic Damages (Lost wages and earning capacity),
Emotional and physical pain and suffering.

California's Insurance Coverage Law

The minimum coverage requirements for automobile insurance are regulated by the California's Compulsory Financial Responsibility Law which requires that individuals be financially responsible for their actions when owning and operating a motor vehicle in California.. All drivers must show their ability to pay for damages or injury to others resulting from the ownership or operation of a motor vehicle.

The statutory minimum limits of liability insurance in California are as follows:
· $15,000 for death or bodily injury of any one person, any one accident;
· $30,000 for all persons in any one accident.
· $5,000 for property damage in any one accident.

Comprehensive coverage (other than collision), uninsured motorist, medical payments and collision insurance are not required by law.
All California drivers and owners must have at least the statutory limits of minimum liability insurance or an approved alternative way to pay for injury or property damage they may cause.

Four ways to accomplish financial responsibility:
1. Coverage by a motor vehicle or automobile liability insurance policy;
2. A cash deposit of $35,000 with the Department of Motor Vehicles;
3. A certificate of self-insurance issued by DMV to owners of fleets of more than 25 vehicles; or,
4. A surety bond for $35,000 obtained from an insurance company licensed to do business in California.
Qualified drivers residing in the counties of Los Angeles and San Francisco are now able to purchase low cost, reduced limit, automobile liability coverage. The California Low Cost Automobile Insurance Program (CLCAIP) will satisfy the financial responsibility laws of the State of California.

Threshold for Liability

An individual who brings a claim or lawsuit against another driver for injuries sustained in an automobile accident, also known as a "claimant" or "plaintiff", must prove that the other driver was negligent. Simply put, it must be proven that the other driver failed to use that degree of care in operating his or her vehicle which would be required of a reasonably prudent driver under similar circumstances. Whitford v Pacific Gas & Elec. Co., 289 P2d 278, 136 Cal.App.2d 697 (1955). Also, it must be proven that the other driver's negligence was the cause of the plaintiff's damages and injuries. Clarke v Hoek, 174 C.A.3d 208 (1985); Peter W. v San Francisco Unified School District, 60 C.A.3d 814 (1976).

The cause which must be proven, "proximate cause" or "legal cause", requires the claimant/plaintiff to demonstrate (1) the defendant's negligence contributed to the plaintiff's injury. Sagadin v Ripper, 175 C.A.3d 1141, 221 C.R. 675 (1985), Gordon v Havasu Palms, 93 C.A.4th 244, 112 C.R.2d 816 (2001); and (2) there is no foreseeable, independent intervening act causing the plaintiff's injury. Mitchell v Gonzales, 54 C.3d 1041, 1 C.R.2d 913, 819 P.2d 872 (Negligence must be substantial factor in causing injuries)

Comparative Negligence

Comparative negligence is negligence on the part of the plaintiff that contributes to his or her injury. California has adopted a "pure form" system of comparative negligence. Accordingly, if a plaintiff is even slightly at fault in creating the injury, damages will be reduced in proportion to his or her fault. Li v Yellow Cab Co., 13 C.3d 804, 119 C.R. 858, 532 P.2d 1226 (1975).

Title:
First Name:
M. I.
Last Name:
Address:
City:
State:
Zip Code:
Phone Number (day):
Phone Number (eve):
Email Address
If this inquiry is not for yourself, please tell us the name of the person?:
Title:
First Name:
MI
Last Name:
What is the Injured's relationship to you?:
Injured's Date of Birth? (ie . mm/dd/19yy)
Have you or they been been in an auto accident?:	Yes No
Date of accident? (ie . mm/dd/19yy)
What city and state did the accident occur in?
What were your Injuries?
What type of medical treatment was received?
Who was responsible for the accident?
Was the person(s) injured wearing a seat belt?
Did the Police respond to the accident?	Yes No
Did anyone recieve a ticket?	Yes No
Did the other driver have insurance?	Yes No
Do you have insurance?	Yes No
Do your currently have an attorney?	Yes No
Describe your injuries and Accident.
I understand that submitting this form does not create an attorney client relationship: Agree