When you get into an accident, one of the first few things you need to seriously consider is filing a compensation claim. But since states have different laws governing these claims, it makes the most sense to learn more about these statutes. States are either at-fault or no-fault states.
Regardless of being a no-fault or at-fault state, one of the most common road accidents involves truck drivers. And since these drivers often drive long distances, they follow regulations set by the Federal Motor Carrier Safety Administration (FMCSA) and the state where they belong to. San Francisco, California is one of the busiest cities. As such, it’s almost a given that road mishaps can easily happen. Here are the things you should know after an Orange County trucking accident:
Is California a no-fault state?
California is not a no-fault state. This means that drivers traversing along the state highways can file claims or sue for additional damages other than the injuries they suffered. However, there are some requirements before the driver can demand compensation. This includes proof of liability which will determine the amount of compensation that the injured party is entitled to receive.
No-fault and at-fault comparison
It is essential to know the difference between no-fault and at-fault states to know your rights if ever you will be involved in any road accidents.
Insurance companies offer several coverages for vehicles. In a no-fault state, one of the important coverages that a driver could claim is personal injury protection (PIP). Also, drivers in these states should file a claim through their respective insurance partners, no matter if they are at fault or not.
There is no need to prove who is the victim or at fault in the accident because their insurer will still cover their medical expenses no matter what. But, provisions on other claims such as vehicle or property damages, will still vary in each state. Some may require drivers to submit a different claim for this matter.
A no-fault state eliminates long procedures but the insurance premiums can be expensive. The cheapest monthly rate for minimum coverage is around $35. If you are in California, you must meet its minimum legal requirements. For assurance and peace of mind, some prefer full coverage which costs around $200 monthly.
In states that follow at-fault regulations, insurance policies remain crucial. In these instances, the party deemed responsible for the accident is liable for covering all associated damages and injuries, proportionate to their determined percentage of fault. This assessment is often conducted by legal professionals like a sacramento car accident attorney (or an expert from a different location) in collaboration with insurance companies. The investigation aims to establish liability, even considering the possibility of the injured party sharing some fault.
For instance, if the injured party is found to be 20% at fault, they might only be eligible for 80% of the compensation. This scenario underscores the significance of having both a car accident lawyer and an insurance representative involved in navigating this complex process. Their expertise helps ensure fair outcomes and proper representation for all parties involved.
If the person injured is not the one at fault, they must prove liability before qualifying to receive compensation for the accident. This compensation will not just cover medical expenses but also pay for the damages of the vehicle. It will even pay for the wages corresponding to the injured person’s missed workdays.
If one or both parties are not satisfied with the percent of liability or distribution of claims, they can both file a lawsuit or dispute.
California driver’s responsibilities during accidents
It’s crucial for California drivers to be familiar with the state’s driving regulations. A significant aspect of this knowledge is understanding how they could be the possible liable parties in a car crash. If they’re found to be at fault, they may need to pay compensation for the collision.
The coverage for one person, whether bodily injury or fatality is $15,000. On the other hand, the coverage per accident of the same case is $30,000. Lastly, the $5,000 ceiling is for any property damage.
Since not all drivers have insurance due to cost, there is also an option for underinsured/uninsured motorist coverage. With this, the victim can still be compensated if the person at-fault doesn’t have insurance to compensate for the damages or injuries.
Importance of having a lawyer during accidents
Accidents are most likely to cause severe injuries and property damages. With the size of vehicles, a single accident can involve a lot of damage, injuring several drivers and passengers. Drivers can easily understand the coverages and their responsibilities during these incidents with the presence of a car accident lawyer in San Diego or any other major Californian area.
Since the coverage will depend on the severity of the damage, a lawyer will assist in gathering evidence that will analyze how great the liability per vehicle hit. Moreover, an experienced accident lawyer will make you feel at ease since you won’t have to file the case on your own.
You will never know when you will be in this type of incident so make sure to have an experienced accident lawyer in contact. Knowing your rights will always be essential when you’re on the road.
