Is the driver who hits you always at fault after a Bradbury car accident?
No, the driver who hits you is not always solely at fault in a Bradbury car accident. California uses a "pure comparative negligence" rule, meaning fault can be divided among multiple parties, including yourself. Your recovery for economic damages, like medical bills and lost wages, will be reduced by your percentage of fault, but you can still recover even if you are mostly to blame.
California law holds every person responsible for injuries caused by their carelessness (Civ. Code § 1714(a)). Sometimes, the other driver might have been careless, but you might have contributed to the accident in some way. An investigation looks at all the facts to figure out who bears responsibility.
How long do you have to file a Bradbury car accident claim?
Most California personal injury claims, including those from car accidents in Bradbury, must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a city, county, or any public agency, you must present a written claim within six months (Cal. Gov. Code § 911.2). Missing these deadlines means you usually lose your right to seek compensation.
The deadline is generally paused while an injured person is a minor under CCP § 352, but that pause does not apply to claims against public entities under the Government Claims Act. For car accidents in Bradbury, you can seek recovery for medical expenses, lost income, property damage, and non-economic harm like pain and suffering. If the accident caused a death, family members can pursue a Bradbury wrongful death claim to recover for their financial and non-economic losses.
Where do you file a personal injury case from a Bradbury car accident?
In Los Angeles County, a personal injury case is generally filed in the judicial district where the incident happened. For incidents in Bradbury, this means your case will usually be filed in the Superior Court of California, County of Los Angeles, Northeast District. These cases are then assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
The Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101, handles cases from the Northeast District. This is the court where your lawsuit would proceed if it cannot settle. Keep in mind that a claim against a city, county, or a transit agency triggers the six-month government claim deadline before you can even file a lawsuit.
What kinds of damages can you recover after a Bradbury car crash?
After a car crash in Bradbury, California law allows you to seek compensation for various harms you suffered. This includes "economic damages," which are specific, measurable financial losses like medical bills, lost wages from missed work, property damage to your car, and future loss of earning capacity. You can also recover for "non-economic damages," which cover intangible losses like pain, suffering, emotional distress, disfigurement, and loss of enjoyment of life.
For individuals injured by uninsured drivers or whose insurance is not enough, California law prohibits non-economic damages for uninsured vehicle owners (Civ. Code § 3333.4). However, this rule does not bar uninsured passengers from recovering non-economic damages. When you are hit by a careless driver, your focus should be on recovery, not on fighting insurance companies.
What should you do immediately after a car accident in Bradbury?
Here are the steps to take after a car accident in Bradbury:
- Ensure Safety: Move your vehicle to a safe spot if possible and check for injuries. If anyone is hurt, call 911 immediately.
- Call the Police: Contact the Los Angeles County Sheriff's Department or California Highway Patrol to report the accident, especially if there are injuries or significant property damage. A police report documents initial details.
- Exchange Information: Get the other driver's name, contact information, insurance details, driver's license number, and vehicle license plate number.
- Document the Scene: Use your phone to take photos of the vehicles, their positions, damage, road conditions, traffic signals, and any visible injuries.
- Seek Medical Attention: Even if you feel fine, see a doctor. Some injuries, like whiplash or internal bleeding, may not show symptoms right away.
- Do Not Admit Fault: Avoid discussing fault or making statements that could be interpreted as admitting responsibility for the accident. Stick to the facts.
- Contact a Car Accident Attorney: Before speaking with insurance companies, talk to a lawyer. An attorney can protect your rights and handle communications.
What does working with Casa Legal Los Angeles involve?
Working with our firm after a Bradbury car accident means we take over the burden of dealing with insurance companies and legal paperwork. We focus on recovering the full compensation available under California law for your medical treatment, lost income, and the pain you have endured. This allows you to concentrate on your physical recovery.
We investigate the accident, gather evidence, consult with medical experts, and build a strong case on your behalf. Our team handles all communications with the opposing parties and their insurance adjusters. If a fair settlement cannot be reached, we are prepared to take your case to court. Whether you were in a collision in Bradbury or need a car accident lawyer in Arcadia, our goal is to achieve the best possible outcome for you.
Frequently Asked Questions
What if the other driver was uninsured in my Bradbury accident?
If the driver who caused your Bradbury accident was uninsured, your own uninsured motorist (UM) coverage on your car insurance policy may cover your damages. Your UM coverage acts as if it were the other driver's liability insurance, paying for your medical bills, lost wages, and pain and suffering up to your policy limits. An attorney can help you make a claim with your own insurance company, which can sometimes be as challenging as dealing with another driver's insurer.
Can I still file a claim if I was partially at fault for the crash in Bradbury?
Yes, you can still file a claim even if you were partially at fault for the crash in Bradbury. California follows a pure comparative negligence rule, which means your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% responsible for the accident, your total damages award would be reduced by 20%. This rule applies to car accidents, pedestrian accidents, and most other personal injury claims.
What kinds of injuries are covered in a Bradbury car accident claim?
A Bradbury car accident claim can cover a wide range of injuries, from minor cuts and bruises to catastrophic injuries. This includes soft tissue injuries like whiplash, broken bones, concussions, internal injuries, spinal cord damage, and traumatic brain injuries. Compensation is also sought for the long-term effects of these injuries, such as ongoing medical care, rehabilitation, and any permanent disability or disfigurement.
How does the Los Angeles Superior Court process car accident cases?
In Los Angeles County, car accident cases are processed through the Superior Court of California, County of Los Angeles. As noted earlier, cases arising from Bradbury are typically assigned to the Pasadena Courthouse. After a lawsuit is filed, both sides exchange information through discovery, which can involve written questions, document requests, and depositions. The court often requires mediation or other forms of alternative dispute resolution to encourage settlement before a case proceeds to trial. The firm is familiar with these local procedures.
A car accident can turn your life upside down. While this content provides general information, deadlines have exceptions and must be confirmed with an attorney for your own facts. Speak to an attorney at Casa Legal Los Angeles for a personal consultation about your Bradbury car accident claim. Call 888-585-2529 today. No attorney's fees or case costs unless we win.