Legal Question in Personal Injury in California
Regarding a personal injury case from a car accident...
I was involved in a 3 car accident. Party 1 caused the accident, Party 2 hit me, and I am the negligent free party. After almost 2 years, the insurance company for party 1 continues to deny liability. The insurance company for Party 2 was found 100% liable for my property damage, but claims only 50% liability for my bodily injury claim. According to the police report - Party #1(P1) CAUSED this collision by driving Vehicle #1 (Corolla) (V1) in violation of 22107 VC which states in part - no person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement. It was unsafe for P1 to turn V1 from a direct course of travel and off of the roadway due to the close proximity of the cement sound wall bordering the east side of the highway.
In addition - An associated factor in this collision was Party #2 (P2) driving Vehicle #2 (Porsche) (V2) in violation of 21658(a) VC which states in part a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety. It was unsafe for P2 to move V2 into the #3 lane from the #4 lane due to Vehicle #3 occupying the #3 lane at that location.
My question..would I win a personal injury case in small claims court against party 1? I find it hard to believe that she cannot be held accountable for causing the collision. If she did not cause the collision, I would not have been injured. The statute of limitations is almost up, so I have to file this week. Thank you so much.
3 Answers from Attorneys
You would likely win. Why not have an attorney to help you?
You should have filed against both of them a long time ago, especially if it is only less than $7,500. You can have them held jointly and severally liable and collect from either of them, then let them sue the other for contribution.
Do you have any clue whatsoever what you are entitled to in a case like this?
My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.
My website is located at www.thepersonalinjury.com .
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