uninsured to only recovering their economic damages and prevents recovery of damages for pain and suffering. Prop 213 applies even when the accident wasn’t their fault. It’s a tough pill to swallow for some, but it underscores the importance of carrying uninsured motorist coverage and liability insurance. The comparative negligence rule, on the other hand, can reduce your compensation if you’re found partially at fault. In both scenarios, clients face limits on the amount of money they can recover after an accident. Comparative fault and Prop 213 clients need lawyers, such as myself, that are experienced, understand the laws, and fight to obtain the fullest compensation under the law for the clients. With the high number of car accidents and traffic incidents in California, what advice do you have for individuals involved in a collision to protect their legal rights? As a car accident lawyer I’ve seen at fault parties change their stories to try to get out of being responsible for the collision. Call the police or CHP. Request a unit be sent and a report be taken. Evidence is critical. If you are one of millions of persons with a mobile device that takes photos and records videos, use it. Take pictures of the vehicles, drivers license, insurance, the locations. Take video of any witnesses and the other involved parties. Ask them what happened and let them speak. Go to the doctor and get checked out to make sure you are okay, even if you “feel fine.” Contact a lawyer (preferably me) as soon as possible. The responsible insurance companies can be quick to settle, often for less than what you deserve, and before your injuries fully manifest. Work through legal counsel from the beginning to protect your rights from day one. 28 LAWYER MONTHLY OCTOBER 2024
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