Car Accident Laws California
Car accident laws in California
The California auto law states that whether the accident involves a pedestrian, a moving or a stationary car, someone’s property the person involved in the accident has to stop. If the person flees away after the accident he is charged with a hit and run case even if he is not at fault. The person is also required to exchange information with the other driver or party involved in the accident like name and driver's license number, the vehicle identification number of the car being driven, the name and address of the car's owner, the name and address of your insurance company and your insurance policy number.
If you dare to flee then the penalties are severe. It all depends on the damage and injury that has been caused you may be fined or may be fined or jailed both. You can even end up losing your driver’s license. In case you have hit a car that is parked then you require looking for the owner of the car. If you don’t find the owner then leave the required information about yourself car number driver’s license number and the cause of the accident in a visible place and leave the scene of the accident. You also need to inform the local police or the California Highway Patrol. If the accident has caused a death or injury call the police and give all the required information. If no officer turns up at the accident place then fill in a form that is available at the police station as soon as possible.
If the accident has caused injury then according to the California law you need to provide assistance to the injured person/s. You may call for an ambulance or take the person to the nearest hospital or give him/her first aid. In case you don’t know about the first aid procedures then don’t move the injured person, however you should help out a person if he is in a worse situation and is in danger of being hurt or killed.
Under the car accident law in california the accident victim has a right to reimbursement for the loss suffered as a result of the accident. The victim is supposed to get a compensation for the pain and suffering caused to him as a result of the accident. If the person has lost some part of his income then this amount has to be recompensed. Any loss involving disability and out of pocket expenses, future medical expenses, scaring etc should be covered in the claim.
Selecting a car accident lawyer in California
If you get injured in a car accident in California then you should
contact a lawyer as soon as you can. In such cases filing a personal injury case can be of help to you in getting compensation. For this you would need a lawyer who is experienced in such cases and aware of the laws in the State.
Selecting a lawyer for your case is your responsibility and it is up to you whom do you select. It is very essential that you select a good lawyer who has good experience and is capable of handling such cases. Your decision in selecting a lawyer will have quite an impact on your case.
The first step is to find out about his past experience, the number of trials that he has handled. The degree of personal service offered by the law firm. These personal services would include lawyer contacting by telephone, e-mail, or personal conferences; customary contact between lawyer and client; the dependability of the lawyer and his staff to bring on promises; and the way the legal support staff handle you and your queries. It is difficult to determine the commitment of the firm towards the client. But you can determine it by looking at certain points. If the lawyer takes time or fails to return your call for an appointment then it is less likely that he would be compatible in future.
The lawyer needs to guide you on issues like you insurance policy, your rights in the accident. In the first meeting itself he will make it clear. Don’t forget to ask the lawyer about the fees. Generally the first meeting is free of cost. Most of the lawyers charge on the contingency fee basis i.e. if the lawyer succeeds in winning your case then he receives usually one-third of your settlement amount; if he looses the case then he does not get anything. But you may have to pay the filing fees. The other types include
• Hourly fees - this is based on the experience of the lawyer.
• Retainer fees – under this you need to make an escrow account where in you pay in advance and the lawyer takes his hourly fees according to his rates timely from this account.
Ask the lawyer whether you are supposed to pay anything toward the up front fees. Make these points clear in the beginning itself.
Make sure you have had your medical check up done so that you have all the reports ready when the lawyer asks you. Your medical report will play a major role in getting you the compensation.
You also need to contact you insurance agent and inform him about the accident. The lawyer will help you getting a compensation for all the loses that you have suffered.
Looking for a lawyer in California is not a problem. You can ask you family or friends for help. They could help you out in getting a well-known lawyer. The lawyer should be certified and well versed with the California auto accident laws. You can also do an internet search to look out for lawyers who could help you out. If none of these option suit you, you can contact the BAR association and get in touch with a good lawyer.
