California is the most traveled-to state in the country, according to the World Atlas. Millions of people from around the country come to California by car or plane to visit our state’s beaches, amusement parks, national parks, mountains, rivers, restaurants, and other tourist attractions, while countless others travel here for business purposes.
Unfortunately, California, and the Bay Area in particular, also has some of the most dangerous roads in the country. Congestion in San Jose is often extreme, and getting involved in a wreck can sometimes be unavoidable. If you were injured as an out of state visitor, you may be wondering what to do when it comes to getting a lawyer.
Should I Work With a Lawyer in My Own State?
If you live in Arizona and were injured in a traffic collision here in San Jose, California, you need to work with a California personal injury attorney. For one, an Arizona lawyer probably is not licensed to practice law in California, unless, for some reason, they passed the bar here as well as in Arizona. Secondly, out of state lawyers are unfamiliar with California’s specific traffic and liability laws.
Another vital aspect of a personal injury attorney’s job is being able to understand the fine print in all types of insurance policies. You need to use an attorney who practices in California, and has a reputation here in the Bay Area as a competent negotiator and skilled litigator.
Determining Liability With California’s Pure Comparative Negligence Doctrine
The congestion in San Jose is some of the worst in the country. According to FTN News, San Jose has the fourth worst traffic of any city in the country, just behind San Francisco. Whether you are used to driving in heavy traffic or not, a California attorney can help determine who was at fault and the degree of liability of each party. California uses a system of pure comparative negligence (different than most states) in personal injury claims.
For example, if you were speeding and texting while driving, but the other party was drunk and swerved into you, you may be held 30 percent liable, while the other driver is 70 percent liable. In this case, your claim’s value would be reduced by 30 percent (your degree of liability).
But California’s pure comparative negligence law is different from most in the country, and allows for a plaintiff to file damages even if they are 99 percent at fault. For this, and many other reasons, you need to work with a California attorney if you were injured here, but live in a different state.
Contact a San Jose Traffic Collision Attorney Today for Assistance
While you may know a lawyer in your hometown, if you were injured in San Jose, you need a local attorney with knowledge of the court system, insurance system, and traffic laws that pertain specifically to California and San Jose. Call the San Jose personal injury attorneys at Solution Now Law Firm for a free consultation. Contact us today!
