Rear-end car accidents in Bakersfield can lead to long-term injuries or potentially result in death. These incidents can burden an injured person and their family with hefty medical expenses, diminished wage earning potential, and emotional distress.
If you were injured in a rear-end accident, you could potentially recover compensation for your losses through a personal injury lawsuit for negligence. Reach out to the trusted auto collision attorneys at Colvin Accident Lawyers to begin reviewing the details of your situation.
A person is liable for any injuries they cause to another individual through their willful or unintentional actions if they fail to use reasonable care, according to Cal. Civ. Code § 1714. While liability is typically resolved through insurance claims, a person injured in a rear-end accident must sometimes file a negligence lawsuit to fully recoup their losses.
To prove negligence, the injured motorist must first show that the defendant had a duty of care that was breached in the incident. Since state drivers generally have a duty of care to observe traffic laws, evidence of traffic violations can help establish that a driver breached their responsibility.
In most cases, the driver who rear-ends another motorist is considered at fault. Cal. Veh. Code § 21703 prohibits drivers from following another car at an unsafe distance. Other traffic violations that could potentially play a role in a rear-end accident are speeding or driving while intoxicated.
A Bakersfield lawyer could advise someone on the best evidence to establish that a driver violated their duty of care in a rear-end accident, such as police reports,
An injured person must take legal action within a certain time period from the date of the incident or a court could dismiss an otherwise valid lawsuit. For personal injury cases from rear-end accidents, an injured person has two years to file the suit beginning on the date of the injury, according to Cal. Civ. Pro. Code § 335.1.
When an injury goes undiscovered, the court will typically deem that the statute tolled on the date the victim should have reasonably discovered an injury. State law also provides certain limited exceptions to the general two-year statute of limitations for personal injury. For example, in cases involving a minor, the statute will not begin to toll until they reach the age of 18. Similarly, the statute will not toll for a person with a legal disability until they lose that condition. Working with a Bakersfield attorney is the best way to ensure all requirements are met when filing an injury claim after a rear-end accident.
If an injured person was also negligent in causing the rear-end accident, a Bakersfield attorney could assess how the state’s doctrine of pure comparative negligence can impact the amount of damages they can recover.
The doctrine limits damages in proportion to their percentage of responsibility. For example, a person who is found 30 percent at fault can only recover up to 70 percent of the damages sought in the case.
An injured person can still recover under the pure comparative negligence doctrine even if they were mainly responsible for the negligence causing the incident. If an injured party is 99 percent at fault, they can still recover up to one percent of damages sought.
You should reach out to an attorney as soon as possible about rear-end car accidents in Bakersfield. Delays in filing your claim could cause a court to dismiss a valid lawsuit.
Let us give you the personal attention you and your case deserve. Our attorneys will help formulate the best strategy to win your case. Call Colvin Accident Lawyers today.
Free Case Evaluation