Car Accident Lawsuit in California: Filing

Several factors can cause car accidents. One of the most common reasons cars topple is compromised structural maintenance of the roads. Suppose you are an inhabitant of the U.S. and you or your car has faced any damage due to structural defects in road conditions. In that case, you can file a car accident lawsuit in California. The government entity appointed to maintain that particular road is held responsible.

Many attorneys seem to skip this factor while filing a car accident lawsuit. When a passenger gets injured or a vehicle gets damaged in a car accident, the third party can recompense for the loss. And the injured party has the legal right to file a complaint against them. The statistical data provided by the Centers for Disease Control and Prevention suggests that vehicle-involved crashes are responsible for up to fifty million injuries. The U.S. is a place with busy roads and traffic. Road mishaps are one of the leading causes of mortality in children and adults in the U.S.

Conditions Under Which You Can File a Car Accident Lawsuit in California:

Ensuring the quality of roads and their safety maintenance is the government’s responsibility. Negligence in performing these duties leads to terrible road conditions and an increased risk of car damage. They are liable for damage and suffering due to poor management.

The car accident charges are applicable if the road has:

  • Defective design, pits, bumps, dips in layout, dangerous curves, or slopes
  • Defective construction results from the inability to follow the right construction plan
  • Defective and neglected maintenance of the roadways
  • Not been built or rebuilt according to the need of pedestrians and vehicles

In California, the county or state government maintains roads and highways. Hence, if you or your vehicle have been a victim of the negligence of the authorities, the law enables you to sue the government for the bad roads.

Things to Consider Before Claiming the Charges:

The legal process is complex if you file a case to sue some private entity, but victims of injuries caused by government negligence have the right to claim compensation for their loss. One might still need to be careful while choosing an attorney. You will have a limited window of time to file a complaint. So hiring a professional that can file the case promptly is necessary, or otherwise, your claim will be denied.

The government may bring forth a strong defense and be unwilling to agree to a reasonable ground. They may argue that the accident resulted from the victim’s mistake. Also, these entities require the claim to be presented in a specific form or have specific details. Therefore, you must seek the consultation of a knowledgeable attorney.

Dangerous road cases are even more complex and expensive. Your attorney must act immediately and accordingly:

  • Inspect the site where the mishap occurred
  • Secure the vehicle to preserve the evidence
  • Compile the reports made on the accident by any entity; government, or private

If you successfully prove the difficult road conditions case against the government, you could get financial compensation or “compensatory damages” for your loss. The compensatory damages may be in the form of medical expenses, surgery costs, rehabilitation, scarring, disfigurement, and any loss of income. If the tragedy has cost someone’s life, you could file a death lawsuit and obtain compensation for loss of companionship, funeral, and burial expenses.

How to Pursue a Car Accident Lawsuit in California:

You are required to file the complaint within six months. After your complaint, the government will have forty-five days to respond. If a rejection letter reaches you within forty-five days, you will have six months to take the case to court. But if you did not receive the rejection letter, you can file a lawsuit in court within two years.

It is always best to file a lawsuit within six months from the accident occurred. Moreover, specific requirements need to be met when filing a car accident lawsuit in California. The claim against the government needs to be filled promptly; otherwise, the authorities will deny it.

If you have got injured or experienced any loss in a road accident, Crockett Law Group will help you protect your legal rights. Our experienced car accident attorneys will carefully examine the details surrounding your car mishap and determine all the responsible parties. The damage can take a huge toll on your financial situation. We are always available to help you recover your property and the expenses of your bills.

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