If you were involved in a car crash in California, you should know the laws that can help you recover damages for your losses. We prepared a guide below to help you understand everything you need to know about car accident lawsuits in the state.

California Statute of Limitations

California allows only two years from the date of the accident to take action against the negligent party. If you do not file with the court within this time, your case will likely be dismissed unless you qualify for one of the rare exceptions.

One of the most common exceptions to the statute of limitations is if the injured person was either a minor or mentally incompetent at the time of the accident. In these cases, the clock does not start running until the plaintiff turns 18 or is declared legally competent.

California Laws for Car Drivers

Did you know that if you’re breaking a law when an accident happens you may be found fully responsible even if it was all the other driver’s fault? That’s just one reason why knowing California driving laws is essential.

• Cell phones and texting. Using your phone to text—-or for anything else—is illegal in California.
• Cell phone use age restrictions. Drivers under 18 years old are banned from all cell phone use in California.
• California seatbelt requirement. In California, all occupants of a car have to wear a seatbelt if they’re 16 or older.
• Drinking and driving laws. The legal limit for all drivers in California is a blood alcohol concentration (BAC) above 0.08. Drivers who aren’t old enough to drink are subject to penalties under zero-tolerance laws if they have a BAC over 0.02.

Identifying Fault in a Car Crash

In California, like most states in the country, the party at fault for causing the accident is liable to pay for the damages caused. So, if you were involved in a car accident that was caused by someone else’s negligence, you can claim compensation from them for your injury and losses. If, however, you contributed to the negligence that led to the accident to some degree, you can still claim damages from the other party.

How Can An Attorney Help You?

A lawyer can make pursuing a car accident claim much easier, especially if you face catastrophic injuries and a long recovery. Their specific services include:

• Case management. A car accident attorney can file your insurance claim and manage communication with the adjuster. If necessary, they can also file a lawsuit on your behalf.
• Investigation. While you wait to feel better, an attorney will interview witnesses, review medical records and read police reports to create a stronger case. If the accident was a hit-and-run or involved a crime, this investigation may include locating the driver or getting information on criminal charges.
• Determining fault. Fault is often a hotly contested issue in car accidents, especially if the defendant and plaintiff share it. Car accident lawyers are skilled in assessing fault and finding the best theory to support your case.
• Representing you at trial. Most car accident cases settle, but you must expect the best and prepare for the worst—the worst being a court trial. When you have an advocate with trial experience, this ordeal becomes much more manageable and increases your chances of prevailing.

Generally, you should hire an attorney early in your claim. Waiting too long risks missing the statute of limitations or compromising evidence.