Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents car accident victims in Clovis and eastern Fresno County. In 2023 (the most recent year for which data is currently available), Clovis recorded 395 total fatal and injury crash victims, ranking 47th out of 62 California cities of comparable size. Clovis ranked 36th for bicycle crash victims — a relatively elevated position for a city its size. The OTS data is drawn from the California Office of Traffic Safety 2023 Annual Report.

Clovis is bordered by Fresno to the west and extends into the foothills to the east. Heavily traveled streets including Clovis Avenue, Shaw Avenue, Herndon Avenue, and Minnewawa Avenue carry significant daily traffic. Intersections at Tollhouse Road and Ashlan Avenue are common locations for turning-movement collisions. Young cyclists are a particular concern on Clovis streets, where bicycle lanes separated from traffic by paint markings leave riders exposed at driveways and turning lanes.

Legal Standard — Duty of Care and Negligence

California Civil Code section 1714(a) provides that everyone is responsible for injury occasioned to another by his or her want of ordinary care or skill in the management of property or person. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov. A driver who runs a stop sign, fails to yield at an intersection, follows too closely, or drives while impaired has breached the duty of reasonable care owed to other road users. Violation of a Vehicle Code provision is negligence per se when the violation caused the type of harm the statute was designed to prevent.

California's basic speed law at Vehicle Code section 22350 prohibits driving at a speed greater than is reasonable and prudent for existing conditions. This standard applies on Clovis city streets and in school zones regardless of the posted limit.

Comparative Fault

California applies pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A plaintiff's recovery is reduced in proportion to his or her own fault but is not eliminated. A plaintiff found 30 percent at fault recovers 70 percent of proven damages. Insurance companies often argue comparative fault to reduce claim values; whether any comparative fault applies and in what proportion is a question of fact for the jury.

Damages

Recoverable damages under Civil Code section 3333 include medical expenses incurred and future care, lost wages and earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Prejudgment interest at ten percent per year from the date of a section 998 offer the plaintiff ultimately exceeds is available under Civil Code section 3291.

Filing a Lawsuit in Fresno County Superior Court

Car accident lawsuits arising in Clovis and eastern Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g). Fresno County Local Rules require ADR completion before the mandatory settlement conference, personal in-person attendance by trial counsel and insurance carrier representatives at the MSC, and in-person attendance at the Trial Readiness Hearing the Friday before trial.

Statute of Limitations

The statute of limitations for personal injury claims in California is two years from the date of injury under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar a lawsuit. The statute of limitations is an affirmative defense the defendant must raise and prove. Tolling doctrines may apply. Claims against a public entity require a government tort claim within six months under Government Code section 911.2. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

• Clovis Personal Injury Attorney
• Clovis Wrongful Death Attorney
• Fresno Personal Injury Attorney
• Fresno Car Accident Attorney
• Fresno Uninsured Motorist Attorney

Attorney Michael Rehm handles car accident cases in Clovis and eastern Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.