Figuring out what to do after a car accident is never an easy thing because of how traumatic car accidents are. In the aftermath of a car accident, victims may benefit from consulting with a personal injury attorney regarding filing a claim for compensation. This is especially true when an accident involves minors.
Since minors may not be sued, this presents quite a conundrum. What can a victim of a car accident in California do when they are hit by a minor?
If you were in a car accident, you might reach out to a skilled Los Angeles personal injury attorney at Leiva Law Firm to have your questions answered and for experienced legal counsel and representation.
Obtaining Compensation After a Minor Causes Your Car Accident
When it comes to obtaining compensation after a car accident, it is essential to demonstrate that negligence took place. You must show that the other party had a duty of care to you, that they violated it, and this is what caused your accident and the resulting damages you suffered.
Sometimes car accidents are the fault of only one party, in other situations, there could be multiple parties whose actions have also contributed to the incident taking place. If you are filing a claim against another party, then under California’s pure comparative negligence laws, if you were determined to be partly responsible, then your compensation will be reduced by that proportion of your fault. In other words, if your settlement is assessed at $100,000 but you were 10% responsible for the accident, your settlement would then be reduced to $90,000.
However, when a minor driver is the reason why your accident happened, even though you still must show negligence and your claim would be subject to the state’s fault laws, you can’t sue that minor directly. Instead, you may be able to sue their parents or their guardian.
Here, when a minor has caused an injury accident a court will review the case and determine liability. Liability could be any of the following:
- Parental neglect is where parents can be liable for their inaction or ignorance of their child’s reckless behavior.
- Negligence on the part of the minor driver. In this scenario parents or guardians may or may not be found liable.
- Willful misconduct on behalf of the minor when they display direct intent to cause harm to others. In this situation, parents and guardians can be liable.
Due to the complexity that can come when a minor is involved in causing a car accident, speaking with an attorney can be helpful when figuring out what the right approach is to obtain monetary compensation for your losses.
Speak to an Attorney at the Leiva Law
If you were in a car accident in the greater Los Angeles area, do not delay in connecting with an attorney.
You are welcome to call the Leiva Law Firm today for more information and to schedule a free consultation at (818) 519-4465 with an experienced attorney.