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Do You Have a Legal Right to File a Car Accident Claim in Southern California?

car accident

According to a San Bernardino Sun July of 2017 article, a three-car hit-and-run accident sent five people to the hospital on a Saturday night. The victims in the crash included two infant children.
The accident happened shortly after 10:30 p.m. Deputies were called to Victoria Avenue and Base Lane where the accident happened. A total of seven people were involved in the car accident. However, Cal Fire officials said that only four people were sent to the hospital for treatment.

A red Kia Sportage and green Ford Expedition were the only two vehicles initially involved in the car accident. A third vehicle, a white Lexus, later allegedly struck the Kia as the driver and passengers tried to exit the vehicle.

The driver of the Lexus fled the scene on foot after allegedly hitting the Kia. The victims of the car crash suffered injuries ranging from minor to moderate.

At the time of the article, police were still looking for the driver of the Lexus. The article did not include whether the injured victims would file a personal injury case. A personal injury case in a lawsuit filed in civil court seeking damages, or money, for injuries sustained in an accident. Damages include:

  • Lost wages
  • Medical bills
  • Pain and suffering

When an Injured Victim has a Right to File a Claim in Southern California

An accident victim may not know if he or she has a right to file a personal injury case. For instance, a victim may worry that he or she was at fault for the accident or not be sure whom to sue. An injured victim of a car accident must meet two criteria to determine if he or she has a legal right to sue.

The first criteria involves negligence. Negligence is the failure to act as a reasonable person would in the same and/or similar circumstances. For instance, a driver would have stopped at a red light. However, a driver that caused an accident by speeding through the red light and hitting another vehicle or a pedestrian has not acted reasonably, as can be considered negligent. The latter driver would have failed to act as a reasonable person would in the same and/or similar circumstance.

Negligence is the foundation of any personal injury claim. In California, the other party involved in the car accident must be at least partially negligent for a victim to sue for damages.

The Second Criteria to have a Right to Sue Involves Sustaining an Injury in a Southern California Accident

A car accident may occur and a driver or passenger may not sustain any injury. It may be a minor fender bender that leaves no car damage, too. Typically, in those situations, a person does not have the right to sue the negligent driver.

The goal of a personal injury claim is to recoup damages sustained in an accident. If there are no damages, there is no need to file a lawsuit. Therefore, the second criteria involves an individual being physically injured or having property damage to sue.

Contact the San Bernardino car accident attorneys of Sanford A. Kassel, A Professional Law Corporation for assistance with your injury claim.

For help getting the money you deserve, contact us. We will work hard for you and get you the money you need. Contact us.