Is the other driver always at fault when a car crash happens in Stanton?
No, the other driver is not always entirely at fault when a car crash happens in Stanton. California uses a pure comparative negligence system, meaning fault can be divided among multiple parties, including yourself. If you are found partly responsible, any compensation you receive will be reduced by your percentage of fault.
For example, if you were found 10% responsible for a crash, your damages would be reduced by 10%. Even if you are mostly at fault, California law allows you to recover some compensation, reduced by your share of blame.
How long do you have to file a car accident claim in Stanton and what can you recover?
You generally have two years to file a car accident lawsuit in California under Cal. Code Civ. Proc. § 335.1. This two-year deadline applies to most personal injury and wrongful death claims. However, if your claim is against a city, county, or other public agency involved in the Stanton crash, you must present a written claim to that public entity within six months of the injury or death, as stated in Cal. Gov. Code § 911.2.
The deadline is generally paused while an injured person is a minor under Cal. Code Civ. Proc. § 352. However, Cal. Code Civ. Proc. § 352(b) removes that pause for claims against public entities under the Government Claims Act. An attorney can confirm the specific deadlines that apply to your situation.
California law allows recovery for medical costs, lost earnings, and non-economic harm. This includes past and future medical bills, lost wages, diminished earning capacity, and compensation for pain, suffering, and disfigurement.
Where do you file a car accident lawsuit from Stanton?
A personal injury claim arising from a car accident in Stanton is generally filed in the Superior Court of California, County of Orange. The main courthouse for civil matters is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. Since Stanton is in Orange County, your case will not be filed with the Los Angeles Superior Court.
Confirming the correct justice center for your specific incident location is important. This court handles lawsuits involving disputes over negligence, such as those that happen after a vehicle collision. Our Stanton car accident attorneys focus on cases in Orange County and surrounding areas.
What kinds of car accident cases do our Stanton attorneys handle?
Our Stanton attorneys handle many types of car accident cases that result in serious injury or wrongful death. These include crashes involving passenger vehicles, trucks, motorcycles, pedestrians, and bicyclists. We also assist families with claims related to wrongful death after a fatal car accident in Stanton.
The firm has experience with cases involving distracted driving, impaired driving, uninsured motorists, and collisions at intersections. Whether you were rear-ended on Beach Boulevard or hit by a careless driver on Katella Avenue, we can help evaluate your options.
We also represent clients dealing with specific injuries often seen in car crashes, such as spinal cord injuries, broken bones, and traumatic brain injuries.
What steps should you take after a car crash in Stanton?
- Seek Medical Attention: Your health is the first priority. See a doctor even if you feel fine right after the crash. Some injuries might not show symptoms immediately.
- Report the Accident: Call 911 to report the collision to the Stanton Police Department or California Highway Patrol. A police report documents the scene and involved parties.
- Gather Information: Collect contact and insurance details from all drivers involved. Take photos or videos of the vehicles, the crash scene, and any visible injuries.
- Do Not Admit Fault: Avoid discussing fault with anyone at the scene or with insurance adjusters. Stick to the facts.
- Contact an Attorney: Speak with a personal injury attorney to understand your rights before speaking extensively with insurance companies.
What does working with Casa Legal Los Angeles involve?
Working with our firm means we handle the legal process while you focus on recovery. We investigate your Stanton car accident, gather evidence, communicate with insurance companies, and work to secure the compensation you deserve. Our team understands the complexities of California's comparative negligence rules and the specific procedures for filing claims in Orange County. We also help clients from neighboring cities like Arcadia and Bell with their claims.
We work on a contingency fee basis. This means no attorney's fees unless we win — and no case costs either. We cover the upfront expenses of your case, such as filing fees, expert witness costs, and investigation expenses. You pay nothing out-of-pocket, and if we do not achieve a recovery for you, you owe us nothing for our time or the case costs.
Frequently Asked Questions
What is pure comparative negligence in California?
Pure comparative negligence means that a person injured in an accident can recover damages even if they were partially at fault. Your total compensation is reduced by your percentage of responsibility for the accident. For instance, if you are found 20% responsible for a car crash in Stanton, your total recoverable damages would be reduced by 20%.
What if the driver who hit me in Stanton has no insurance?
If the at-fault driver has no insurance, you might still recover compensation through your own uninsured motorist (UM) coverage, if you have it. You could also pursue a claim against the driver personally, though this can be difficult if they have limited assets. California law requires drivers to maintain minimum liability coverage, which is 30/60/15 for policies issued or renewed from 1 Jan 2025.
Can you still file a car accident claim if you were a passenger in Stanton?
Yes, if you were a passenger in a Stanton car accident, you can still file a claim. As a passenger, you are generally not considered at fault for the crash itself. You can typically pursue compensation from the at-fault driver's insurance, and sometimes even from the driver of the vehicle you were in. This remains true even if the vehicle you were in was uninsured, as Cal. Civ. Code § 3333.4 does not bar uninsured passengers from recovering non-economic damages.
Do I have to go to court for a car accident claim filed in Orange County?
Not all car accident claims filed in Orange County go to court. Many cases resolve through negotiations with insurance companies or mediation. If a fair settlement cannot be reached, however, filing a lawsuit in the Superior Court of California, County of Orange may be necessary. An attorney can advise you on the likelihood of your case going to trial based on its specific facts.
If you've been hurt in a car accident in Stanton, get advice on your legal rights. Call Casa Legal Los Angeles at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.