Without an experienced Sacramento injury lawyer it is difficult to navigate the legal aspects of a personal injury claim and determine the exact course of action. Most people are not aware of all possible remedies available to them. However, the law of remedies provides a multiple avenues for the recovery of an injured passenger.
First, if you were injured as passenger in a car accident remember, you cannot be put at fault for the collision. California is a pure comparative fault state. This means that anyone who was injured in a car accident can recover against the at fault party comparative to the fault assigned to that party. To rephrase, if a person who was injured in a car accident has been determined to be 40% at fault for the collision, that individual will still be able to recover for his or her damages, however the recovery will be reduced by 40%, the percentage of fault assigned to that injured individual.
When it comes to passengers who are injured remember, they are not driving, so they cannot be put at fault for the collision. Therefore, it will likely be a clear liability case against one of the drivers.
Second, passengers who are injured in car accident may be able to recover from more than just one insurance policy. Because every driver is required by law to carry liability insurance on his or her vehicle, each of the drivers involved in the collision will likely have a policy of insurance against which the injured passenger can recover. In other words, if you were a passenger in someone else’s vehicle and were injured because another driver caused the collision with the vehicle you were in, you may be able to recover against both (1) the “at fault” driver, and (2) the driver of the vehicle you were a passenger in.
This means that there may potentially be multiple policies of insurance covering the injured passenger, and therefore a better financial recovery for the injured. However, there are other important nuances which require attention of an experienced Sacramento injury lawyer.
There are several legal pitfalls which require immediate attention. From the time of the collision there are multiple steps that you must make to justly recover for the injuries you sustained in the collision.
You must be aware of the statute of limitations governing over you claim. Remember, every case has a statute of limitations. And if the injured passenger fails to properly assert his or her claim, that claim is effectively waived. If you waive your claim, you will not be able to recover for your injuries.
You must inform the insurance company (often more than one) about your personal injury claim. However, most lawyers will advise against contacting insurance companies. Remember, insurance companies are not in the business of paying settlement claims. They are not your friends and are not looking out for your best interest. For this reason call a personal injury attorney, who will determine your rights for your specific situation and develop the best plant for your recovery.
If you have been involved in a car accident, speak with a Sacramento injury lawyer about your case. The moment you contact us, you can expect excellent service. Give us a call at (916) 306-0636 for free car accident case consultation.
If you have been injured in a car, truck or motorcycle accident due to the negligence of another, regardless of the nature of the underlying accident, it is important to contact experienced auto accident lawyers in Sacramento at The Choyce Law Firm to discuss your legal options. We have offices in Sacramento & Fairfield, CA for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.
Call (916) 306-0636 today for a free consultation with our car accident lawyer in Sacramento regarding your injury case.