Car Crashes Involving Multiple Vehicles on Highway 101
April 5, 2024On February 25th, two separate crashes occurred on southbound Highway 101 involving at least five cars. The crashes were reported around 12:53 p.m., with one crash being a hit-and-run. One person was reported to be in critical condition, necessitating a helicopter landing that shut down all highway lanes to transport the individual to Ventura County Medical Center.
A car accident happens in a split second, forever changing your life, leaving you with exorbitant medical bills, lost wages, and emotional trauma. If you have fallen victim to a car accident in the Golden State, our California car accident lawyers are ready to fight for the compensation you deserve.
Comparative Negligence Law in California
In a multi-vehicle crash, such as the example mentioned, one driver's careless behavior often results in a 'domino effect'. Multi-vehicle pile ups take place for a number of reasons, including inclement weather, poorly maintained roads, or a driver chatting on a cell phone and not paying attention to traffic. An insurance investigation will be conducted to discover which driver began the disastrous chain of events.
Negligence laws enable insurance companies and courts to determine how damages are distributed in a car accident claim. According to California Civil Code §1431.2 (a), the state recognizes pure comparative negligence. So, a victim can recover damages, even if the person is determined to be 99% at fault for the crash.
At Fault vs No-Fault States
California is an at-fault state regarding insurance claims. In at-fault states, whatever driver is liable for an accident will be responsible for paying damages. Thirty-eight states currently follow this at-fault system when it comes to automobile claims.
This differs from the twelve states that have no-fault insurance. In no-fault states, drivers will seek compensation from their respective insurance carriers. While this may appear to be a simpler process, generally, you cannot sue the other driver in no-fault states.
In fact, many no-fault states specify that you must have severe injuries to exit the no-fault system to sue another driver. Since California is an at-fault state, it is simpler to file a lawsuit against someone if your injuries warrant litigation.
Compensatory Damages
In car accident cases, any losses that you have sustained will be calculated as part of your legal relief. This award amount is known as damages, and it includes both economic and noneconomic losses. Let us examine the difference.
Economic damages are any losses that inherently have a dollar value assigned to them and directly take money out of your pocketbook.
Common economic damages include:
- Lost income
- Lost earning capacity
- Surgeries and procedures
- Rehabilitative therapy
- Cost to repair your vehicle
Conversely, noneconomic damages are losses that do not have a price tag attached but affect your ability to live a quality life.
Common noneconomic damages include:
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Mental anguish
- Disfigurement and/or scarring
Speak with a California Car Accident Lawyer Today
Having a legal advocate on your behalf is crucial following a car collision. Our California car accident lawyers can help determine what your case is worth and if litigation is right for you. To speak with our legal team, contact Bamieh & De Smeth, PLC, by filling out our online contact form or by calling (805) 643-5555. We offer free case evaluations.