You’ve probably heard the term “negligence” before, but you might not have fully understood its meaning. Negligence is a legal term that refers to a person’s actions as they relate to an accident. People are careless and thoughtless all the time, but not every careless action in California will result in a personal injury claim.
However, if a person is careless or they engage in wrongful behavior that causes injury to another, that person can be held legally responsible for their actions. For instance, if someone is texting while driving and hits a pedestrian, that driver can be held accountable for the injuries they caused.
California negligence laws can be confusing, so we’ve described some of the most important aspects of these laws in an easy-to-understand way below.
Important Negligence Laws in CA
Here are some key negligence laws you need to be aware of in the state of California.
Car Accident Fault Law
California is considered a fault state when it comes to vehicle collisions. What this means is that the person who is determined to have caused the accident is the one who is required to pay for it.
Many accidents are not black and white, and more than one person’s actions could play a role in causing a vehicle crash or other accident. When that happens, the parties’ actions are compared and fault is assigned to each participant.
For instance, if you and one other person are involved in an accident, you and the other person will be given a fault score. If you are less than 50 percent responsible for your accident, you can still be awarded compensation from the other person, who was more to blame for the accident than you were. However, your damages will be lessened in correlation with the fault assigned to your actions.
Statute of Limitations
In California, there is a time frame for how long you have to bring a personal injury claim for an accident. This is known as the statute of limitations. There are some exceptions, but for most accidents, you are only given two years to bring your injury claim.
Team Up with a California Personal Injury Lawyer
California negligence laws are complicated, especially in certain cases. You will likely want to secure legal assistance with handling your case. A personal injury lawyer at Custodio & Dubey LLP is ready to take your call and discuss your case goals in a free evaluation. Call 213-593-9095 or send in the internet contact form below to reach us.