On average, only 2% of people killed on the road drive a heavy goods vehicle or a vehicle dedicated to public transport. In contrast, around 12% of people killed on the streets each year are killed by this type of vehicle. The vast majority of them are third parties involved in the accident: motorists, motorcyclists, pedestrians. Less than 2% of truck and public transport drivers involved in fatal accidents have a positive blood alcohol level.
After an automobile traffic accident in California or abroad leading to bodily injury, asserting your rights requires knowing them. However, very often, the victims do not know them and start friendly discussions, without any advice, with insurance companies, which they often regret too late.
Road accident: what you need to know
After a motor vehicle accident in California or abroad, causing bodily injury, asserting your rights requires knowing them, as well as the procedures and remedies.
Explanations
The law governs traffic accidents. The victim has the choice, to obtain his compensation, between seizing the Court, and in this case, only the Court of First Instance (TGI) will be competent to know the litigation. The victim is then compulsorily represented by a car accident lawyer, or else to be amiably compensated by the Insurance Company or the Guarantee Fund. In this case, they should be assisted by a specialized.
It is first of all necessary to distinguish whether the road accident took place in California or abroad. In the event of a road accident concerning a victim of French nationality abroad, there is a specific compensation procedure for his bodily injury, which makes it possible to obtain compensation in California often much higher than that which could be obtained in the country where the accident took place. For victims of traffic accidents in California and whatever their nationality, this applies if several conditions are met.
A notion of the vehicle and extensive roads
The accident must involve a land motor vehicle. The case-law of the Court, in particular, has interpreted widely, in favour of the victims, the conditions of application of the law, and retained, for example, its application for tractors, lifting devices, a lawnmower, throwing a stone. This list is not exhaustive, and the application of this law does not stop at an accident caused by a car, a truck or a motorcycle. The land motor vehicle must be involved in the accident. Still, here again, the notion of implication is interpreted widely by case law and can be retained even if there was no impact between the victim and the vehicle.
To be compensated, you must be the victim of an accidental and not voluntary act. For example, the victim who attempted suicide or the victim who was deliberately knocked down by a vehicle cannot claim compensation based on the law and may have to consider a different procedure. Finally, the accident must have taken place on a lane open to traffic. Jurisprudence has thus been able to consider that a parking lot, a professional garage, a ski slope or a field, are lanes open to traffic. If these conditions are met, the law is applicable, and it is then necessary to distinguish between the conductive victims and the others.
Be attentive from the first contact.
The first meeting with the lawyer you have chosen is a step that is of great importance because it is not enough that he is near you where he has the skills required to offer you the best services. It is also essential that a relationship of trust be established very quickly between you and this professional. Similarly, if you use his services in the context of a trial, you must keep in mind that the case can last a long time and that it can also concern your private or intimate life, especially if it is a question of a divorce. During the first interview with the San Diego Car accident lawyer, it will then be necessary to pay attention to the points below:
- Is he listening to you carefully?
- Ask relevant questions?
- Does he express his opinion in rather an accessible language?
- Does he have air available?
- Does he seem competent?
If the first contact does not go well, do not hesitate to contact another lawyer, as it is better to pay the consultation fees twice rather than having to change lawyers during the course of the procedure. In general, this is more costly than not following up on a lawyer after the interview. During the contact, it is also advisable to explain with as much detail as possible the situation that prompts you to contact a lawyer.
Even if it is not essential, it is also vital to bring during this meeting all the elements which have a link with your business. However, be sure not to leave any original documents with the lawyer. Instead, provide photocopies that you can leave with the professional if you decide to entrust the case to him finally.
