How Can I Determine Who to Sue After a Car Accident in San Marcos?
After a car accident in San Marcos or elsewhere in Southern California that results in personal injuries, it is important to understand your options for seeking financial compensation. Often, a person who has been injured in a motor vehicle collision will begin by seeking compensation through an insurance claim. Depending on the details of the crash, you might move forward with a third-party claim through the at-fault driver’s insurance, or you might file a first-party claim through your own insurance. Yet often, insurance payouts are insufficient to cover all of a person’s losses, especially in the event of a severe crash. The next step is to begin working with a San Marcos personal injury attorney on a lawsuit.
How can you determine who you should sue, in other words, who you should name as the defendant in a personal injury lawsuit, in order to seek compensation after a California traffic collision? Consider the following information from our Southern California car accident and injury lawyers.
Determine the Cause of the Car Accident
First, you will want to work closely with your lawyer to develop a clear understanding of the cause of the crash. Sometimes causation is relatively straightforward, and sometimes it is quite complicated. Generally speaking, the party or parties who caused the accident will be the ones who are legally responsible for your injuries and against whom you will want to file a lawsuit.
That may mean that you will want to file a lawsuit against just one party, or that you may want to name multiple parties in your lawsuit.
Identify Potentially Liable Parties
The following are examples of parties who are commonly liable in California auto collision cases:
- Negligent motorist involved in the collision;
- Employer of the negligent motorist;
- Negligent mechanic who worked on your vehicle or another vehicle involved in the accident; or
- Designer, manufacturer, or retailer of a defective vehicle component that caused the crash or played a role in causing the crash.
Other parties may also be liable, and it is important to discuss all potentially liable parties with your attorney since some may have deeper pockets than others.
Move Forward with a Civil Lawsuit Before the California Statute of Limitations Runs Out
After you have determined who to sue in your car accident lawsuit, you should initiate your case as soon as possible. Under Section 335.1 of the California Code of Civil Procedure, you will likely have only two years from the date of the collision to file your lawsuit. Cases against a government entity (schools, cities, transit) may have a shorter period. After the statute of limitations window closes, your claim will be time-barred, and you will not be eligible to obtain damages. Even if there is still some time left for you based on the date of your case, it is important to file as soon as possible, keeping in mind that valuable evidence can be lost and witness memories can fade as more time passes.
Contact a San Marcos Personal Injury Attorney Today to Begin Working on Your Car Accident Lawsuit
Were you injured in a car crash in San Marcos or the greater North County area? One of the experienced San Marcos auto accident lawyers at our firm can help you seek financial compensation through a civil lawsuit. As soon as you are ready, we can begin working with you on your case to determine liability and to move forward with your claim. Contact the North County Injury Lawyers for assistance with your personal injury lawsuit today.
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