Can I still file a car accident claim in Long Beach if I was partly at fault?
Yes, you can still pursue a car accident claim in Long Beach even if you share some responsibility for the crash. California uses a pure comparative negligence rule, which means your compensation is reduced by your percentage of fault, but you are not barred from recovery entirely. The court or insurance company determines each party's share of fault to calculate what you can receive.
This rule helps ensure that even a driver with some blame can get paid for the portion of the accident that was not their fault. California Civil Code § 1431.2(a) further specifies that while economic damages remain joint and several among at-fault parties, each defendant is only severally liable for non-economic damages, meaning they pay only their share.
Where is a car accident lawsuit from Long Beach filed?
A car accident lawsuit arising from an incident in Long Beach is generally filed in the Superior Court of California, County of Los Angeles, South District. Specifically, cases are filed at the Governor George Deukmejian Courthouse located at 275 Magnolia Ave, Long Beach, CA 90802. In Los Angeles County, personal injury cases are assigned to that district's Personal Injury Hub department, as per LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases.
If your claim involves a public entity, like the City of Long Beach or a county transit agency, the filing process begins with a formal claim presentation. This government claim must be presented to the specific public entity within six months of the incident, as required by California Government Code § 911.2.
What should I do after a car accident in Long Beach?
After a car accident in Long Beach, take these steps to protect your health and your legal rights:
- Seek Medical Attention: Get checked by a doctor, even if you do not feel immediate pain. Some injuries, like whiplash or a traumatic brain injury, may not show symptoms right away. Your medical records create an official account of your injuries and their severity.
- Report the Accident: Call 911 to ensure law enforcement responds to the scene. A police report documents basic facts of the crash, including involved parties, location, and initial observations.
- Gather Information: Exchange insurance and contact details with other drivers. If possible, take photos of the accident scene, vehicle damage, road conditions, and any visible injuries.
- Do Not Discuss Fault: Avoid admitting fault or speculating about the cause of the accident at the scene. Your statements could be used against you later.
- Contact a Car Accident Attorney: Before speaking with insurance companies, consult with an attorney experienced in Los Angeles car accident injury claims. They can explain your rights and handle communications.
How long do I have to file a car accident claim in California?
Most personal injury claims in California, including those from car accidents in Long Beach, must be filed within two years from the date of the injury, according to California Code of Civil Procedure § 335.1. This two-year period is known as the statute of limitations.
However, if your claim involves a public entity such as the City of Long Beach or Los Angeles County, a written claim must be presented within six months of the injury or death, under California Government Code § 911.2. Failure to meet this shorter six-month deadline will usually bar you from filing a lawsuit later. While the deadline is generally paused while an injured person is a minor under CCP § 352, that pause does not apply to claims against public entities.
If you were injured in a car accident, you may be able to pursue the full compensation available under California law. This includes economic damages like medical costs, lost earnings, property damage, and future medical care. Non-economic damages cover harm such as pain, suffering, loss of companionship, and reduced quality of life.
What kinds of car accident cases does Casa Legal Los Angeles handle?
Casa Legal Los Angeles helps people injured in many kinds of vehicle collisions across Long Beach and surrounding areas like Carson and Bell. We represent individuals who have been hurt in accidents involving cars, trucks, motorcycles, and other vehicles. Whether your accident involved another passenger vehicle, a commercial truck, or even a rideshare vehicle like Uber or Lyft, we have experience with the complex legal issues that arise in these situations.
Our firm also handles accidents on any roadway in Long Beach, from the busy 710 and 405 freeways to local streets. We understand the specific rules for different types of vehicles, including liability standards for motorcycle accidents. If you were injured due to another driver's negligence, distracted driving, speeding, or driving under the influence, we are here to discuss your options.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we handle the legal complexities of your car accident claim so you can focus on your recovery. We start by gathering evidence, including police reports, medical records, witness statements, and accident reconstruction data. We communicate with all insurance companies involved, protecting you from common tactics designed to minimize payouts.
Our practice focuses on preparing your case thoroughly, whether that means negotiating a fair settlement or representing you in court. We aim to ensure all available damages are accounted for, from immediate medical bills to long-term care needs and lost income. We work on a contingency basis, meaning you pay no attorney's fees unless we win — and no case costs either.
Frequently Asked Questions
What is "comparative negligence" in California car accidents?
Comparative negligence in California means that a person can still recover damages even if they were partly at fault for a car accident. The amount of compensation you receive will be reduced by your percentage of responsibility. For example, if you are found 20% at fault, your total damages would be reduced by 20%.
Do I have to go to court for a car accident claim?
Many car accident claims are resolved through negotiations with insurance companies and never go to court. However, if a fair settlement cannot be reached, filing a lawsuit and proceeding to trial may be necessary to pursue the compensation you deserve. The decision to go to court is always made in consultation with you.
Can I still file a claim if the other driver was uninsured?
Yes, you may still be able to recover compensation even if the other driver was uninsured. If you have uninsured motorist (UM) coverage on your own policy, you can make a claim against your own insurance company. California Civil Code § 3333.4 does restrict non-economic damages for uninsured owners of vehicles involved in accidents, but it does not bar uninsured passengers from recovery.
What if my Long Beach car accident involved a city bus or public vehicle?
If your car accident in Long Beach involved a city bus, police car, or any other public vehicle, special rules apply. You must present a formal claim to the public entity responsible within six months of the accident, as per California Government Code § 911.2. This six-month deadline is strict, and missing it can prevent you from filing a lawsuit.
If you have been hurt in a car accident in Long Beach, do not face the aftermath alone. Contact Casa Legal Los Angeles today for a consultation. Call 888-585-2529 to discuss your options. No attorney's fees unless we win — and no case costs either.