_edited_edited.png)
Vehicle/Auto Damage
In the United States, motor vehicle accidents are the leading cause of personal injuries. Motor vehicle accidents result in almost 2 million injuries each year. California alone is responsible for over 200,000 injuries each year. Medical bills, lost wages, and car repair costs can add up to tens of thousands of dollars for auto accident victims in California.
​
The driver who caused the collision is liable for the injuries or damages the other drivers or passengers suffer. In California, a driver's negligence is what determines liability in an accident. In some cases, an injured victim can recover some damages even when both drivers are at fault.
​
Accidents involving vehicles in California are not always caused by negligent drivers. A collision may also occur if an automobile component fails, a road condition is dangerous, or a driverless vehicle malfunctions. Manufacturers of vehicles or parts, or government agencies, may be at fault in these cases.
​
Auto accident victims may need to hire an attorney to get their insurance company to fully pay for their damages after a vehicle crash. A personal injury lawsuit may be necessary in some cases to recover money damages from the liable party.
You may pursue damages in an automobile wreck injury lawsuit for medical expenses, lost wages, lost earning capacity, and pain and suffering.
​
Talk to a car accident attorney like me before you deal with an insurance company or accept a settlement check.
Parties At Fault
Accidents involving California vehicles can be complicated. The legal concept of "fault" is based on the concept of "negligence." When a driver is negligent and causes an injury, the negligent driver is liable for any damages. It is possible to build a strong case that the other party was negligent with the help of a car accident lawyer.
​
Driving carelessly is an example of negligence. Driving carelessly means not paying attention to other motorists. A violation of traffic laws can be considered "negligence per se". Motor vehicle crashes are often caused by speeding, running a red light, texting while driving, distracted driving, drunk driving, and failure to yield.
Legal Standard For Car Accidents
A negligent driver in California is liable for any injuries or damage caused to another. The plaintiff must establish negligence on the part of the defendant in order to get compensation for an injury in a personal injury lawsuit. A California vehicle collision lawsuit has three legal standards for proving negligence: the defendant owed the plaintiff a duty of care; the defendant breached the duty of care through negligence; and the defendant's negligence caused the plaintiff's injuries.
Driver’s Duty of Care
California drivers are responsible for using reasonable care when operating a vehicle. As a driver, your duty of care includes: using reasonable care when operating a vehicle; watching out for pedestrians, obstacles, and other vehicles; and controlling your vehicle's speed and movement.
A negligent driver is liable for damages when he or she fails to use reasonable care and causes an accident or injury.
Two Parties At Fault
If both drivers were negligent, they may be partially at fault for causing an accident. The California "comparative fault" law allows an injured driver to receive damages even if both drivers shared some fault. Depending on the driver's share of fault, damages may be reduced.
​
California car wreck can be complicated when it comes to negligence and fault. Neither party may claim responsibility for causing the fender bender. The other driver may not have any proof that they were at fault, and the insurance company may not be interested in discovering the truth. Consult a California motor vehicle injury lawyer about your case. You can find out how strong your case is and what damages may be available from your attorney. Additionally, your lawyer can investigate the accident, subpoena records to determine the truth about what happened, and negotiate with the adjuster to obtain the maximum settlement.
Recoverable Damages
The severity of damages in a car accident is determined by the injuries and losses sustained by the victim. Plaintiffs (victims of car accidents) often ask for maximum compensation from the negligent party when filing a personal injury claim.
Compensation damages are awarded both economically and non-economically in a personal injury lawsuit. Medical bills and vehicle repairs are both examples of economic damages. Damages that are non-economic can be more difficult to quantify, and include things such as pain and suffering.
​
A California road accident can result in medical expenses, vehicle repairs, lost income from not being able to work, lost future earning capability, emergency medical treatment, physical therapy, medical supplies, future medical care and treatment, pain and suffering, compensation for injuries, scars, or disfigurement, and loss of consortium for a spouse or partner.
Punitive damages may also be available in some cases for vehicle crash victims. When a driver is reckless, intentionally tries to cause injury, or commits a hit-and-run, he or she may be entitled to punitive damages or exemplary damages.
UM/UIM Insurance Coverage
Car accident settlements often raise questions about how much you should expect. It may not be possible for an uninsured driver to recover damages after an accident with him or her. When the other driver does not have bodily injury and liability insurance, there may still be some ways to recover damages.
​
UM/UIM coverage is required by California insurance law for uninsured and underinsured motorists. You can choose not to purchase this coverage. In the event that a driver has UM/UIM coverage, the insurance company should pay for the damages caused by an uninsured driver, up to the liability limit.
​
Additionally, if the damages caused by the other driver exceed the other driver's liability coverage, underinsured motorist coverage pays for the excess damage, up to the liability coverage.
​
Injured parties can still seek compensation from uninsured motorists even when they lack UM/UIM coverage. It is common for uninsured drivers to claim that they do not have enough money or assets to pay for medical expenses and other damage. It is possible that your California car accident attorney can investigate their situation in order to figure out if they have other assets hidden from you.
​
In some cases, family members may be held liable if they allow an uninsured relative to drive their vehicle. When an incompetent driver is entrusted with driving a motor vehicle, the owner is liable for negligent entrustment.
Wrongful Death From Car Accident
Motor vehicle crashes kill more than 30,000 people every year. As a result of their death, the victim cannot file a lawsuit against the negligent driver to hold them accountable. In California, the surviving family, however, can hold the responsible person liable for their negligence.
​
A wrongful death auto accident case can be brought by certain family members for damages. Spouse, domestic partner, child or children, grandchildren (if the children are deceased), or anyone else who is entitled to inherit the property of the deceased based on California's intestacy law.
​
As part of a wrongful death lawsuit, the family can receive compensation for burial expenses, funeral expenses, and lost financial earnings.
​
Probably the last thing a grieving family is thinking about is suing after a fatal auto accident. Nevertheless, a wrongful death claim can assist with the financial burdens of losing a family member. As a result, the person accountable is likely to be held accountable for their actions only through this process. Your family can focus on healing after this devastating loss while a car accident lawyer handles the claim.
Claim Loss of Use and Diminution of Value
The plaintiff can bring a lawsuit against the responsible parties for loss of use of the vehicle and for diminution of value of the vehicle following an automobile accident.
​
A lot of car accident victims are unaware that they can recover these damages. The damage can be several thousand dollars - or even tens of thousands of dollars.
Loss of use
A victim of a car accident in California may be entitled to the rental price of a similar vehicle "in like and quality" for a reasonable period. Even if the victim does not rent a vehicle, they may be entitled to these "loss of use" damages. If the vehicle was a high-end luxury vehicle, loss of use damages can be very high.
Diminution Of Value
Auto accidents always diminish the value of vehicles, particularly if the frames have been damaged. It doesn't matter if the car has been repaired to its original condition; it still carries a stigma. The price of the house will be less for future purchasers than if there had not been an accident there. If the car owner suffers a "diminution of value," he may recover damages.
The Role of a Lawyer
Lawyers handling California car accident cases are advocates for accident victims. These attorneys are responsible for dealing with the court system, the insurance provider, and keeping the client informed on all the developments in their case.
Many people assume they don't need a lawyer after an accident. Before accepting an insurance company's offer or signing away your rights, make sure you understand what is at stake. Insurance companies are businesses, and they may not have your best interests in mind.
​
Get a free legal consultation with a California auto crash injury lawyer. The free consultation allows you to learn how much your claim might be worth without costing you anything.
Investigation Process
If the police responded to a car accident, they might have conducted an investigation at the scene. Generally, this involves sketching the scene, obtaining statements from each party involved, and possibly obtaining third-party witness statements.
Insurance companies may talk to their customers if the police don't respond to the call in order to get their perspective on what transpired.
​
Due to their brief nature, these investigations do not paint a clear picture of exactly what happened. In addition, the other driver may have made errors or provided false information.
​
You can ask your attorney to investigate the crash. This involves reviewing the police report, reviewing the insurance company report, interviewing eyewitnesses, reviewing surveillance video of the scene, checking records of past incidents at that location, investigating the other people involved and their past incidents, inspecting the crash site, reviewing medical records, and having an expert review the records.
​
When your attorney conducts a more comprehensive investigation, he or she can provide a more accurate account of what transpired during the accident. The responsibilities of the other person include finding out who was at fault in the incident, and why their conduct should be held accountable.
Managing Treatment
It is common for victims in injury collisions to downplay their injuries. Automobile accidents can cause complex injuries that develop over time. The driver may feel fine after a crash, but later develop neck pain, loss of mobility, headaches, and other complaints. To ensure your injuries don't worsen, your attorney will make sure you get treatment as soon as possible.
​
The cost of medical care may prevent some injury victims from seeking care. In the case of a collision caused by another driver, the other driver should pay for your damages. Getting proper medical treatment after an accident is important. Your attorney will fight to get those medical bills covered by the other driver's insurance.
Gathering Evidence
Photographing the damaged vehicle and obtaining copies of medical records do not suffice for proving damage in a car collision claim. Another driver may attempt to conceal the cause of the accident. By taking action, an attorney can ensure that the evidence is protected and not altered. An engineering expert or a medical expert can review this evidence to help you prove your point.
Issuing a Demand Letter
Among the first steps in recovering damages after a crash in California is to issue a demand letter. According to the demand letter, the other party is liable on the basis of the claim outlined in it. A typical demand letter contains the names and contact information of the parties involved, This includes information about what happened, how property damage and injury occurred, losses and costs resulting from the insurance company.
​
Negotiations with the insurance adjuster normally begin with a demand letter.
Negotiating with the Insurance Company
Negotiating with the insurance company is one of the most important steps in attempting to get damages after a car accident. If the injured individual does not have a lawyer, this can be one of the most difficult aspects of the claim.
​
Every day, lawyers and adjusters at the insurance company deal with liability and injury claims. It is possible that the insurance company will try to get you to say certain things in order to help their case if you contact the other driver's insurance company on your own. You can be denied insurance benefits or receive less money or no money. The best way to receive full compensation is to let your lawyer handle the insurance company.
​
A crash victim is typically responsible for deciding whether to accept a settlement offer from the insurance company. Your lawyer will tell you what your options are. Your attorney can take the case to court if the insurance company refuses to cooperate or offers only a small portion of your damages.
Filing a Personal Injury Lawsuit
You can file a personal injury lawsuit in California civil court if negotiations with the insurance company fail. Damages and liability claims will be included in this lawsuit. The process of going to trial after a car accident can take a long time. In general, however, most injuries are settled out of court. A settlement offer is more likely to be accepted by both parties as the case approaches trial.
Various Types of California Vehicle Accidents
Car accidents in California can be caused by many factors. There are different types of traffic accidents, which can affect who is at fault, what kind of injuries are sustained, and who is responsible for the damages.
Rear-End Collisions
Often, rear-end collisions cause serious neck or back injuries to the driver in the lead car, including whiplash. People typically believe the driver of the vehicle in the rear is responsible for a rear-end collision. The lead driver is not necessarily liable, and sometimes another driver is liable.
Head-on Collisions
Intentional or accidental crossing over the median can cause a head-on collision. There is a chance that these accidents will cause traumatic brain injuries as a result of distracted driving, failure to yield, or drunk driving.
T-Bone Accidents
T-bone collisions are most often caused by bad driving, even if some are caused by poor road conditions, faulty parts, or unclear signs. Especially when the passenger or driver is hit directly on the side of the car, there is little protection between them and a speeding car, such accidents can be extremely dangerous.
Bus Collisions
Most collisions with buses involve a transit company or a city bus. Those who are injured by the driver or company's negligence can file a claim against the driver, the bus company, or the city agency, or anyone else responsible.
Truck Wrecks
Truck accidents involving a semi or tractor-trailer can inflict serious injuries and financial losses on injured parties. A lawsuit can be filed if the truck driver or trucking company was negligent and caused the accident. A company may also be liable for hiring, training, or retaining a dangerous driver negligently.
Motorcycle Injuries
A motorcycle rider's body generally has very little protection from the road. Minor collisions can result in major injuries. Injury claims may be made against whoever caused the motorcycle accident. Drivers, motorcyclists, pedestrians, or even the city could be involved in this situation.
Collisions with Bicycles
Unsafe road conditions, reckless drivers, or unclear road signs can cause cars to collide with bikes. Injury cyclists in California can sue the driver who caused their injuries.
Hitting a Pedestrian
Due to the lack of protection from external forces, pedestrian accidents often cause serious injury. Pedestrians can even suffer head, neck, and back injuries in low-speed accidents. State laws governing pedestrians and crosswalks help determine fault and liability in such accidents.
Ride-Sharing Accidents
A driver, the company, or other drivers can be held responsible for vehicle accidents and injuries caused by ride-sharing services Uber and Lyft. As a result, these claims can be more complicated since the driver's insurance liability coverage will depend on whether the app was active at the time of the injury.
Driverless Vehicle Accidents
Despite claims of driverless vehicles making the road safer, even these vehicles can collide. Losses may be recovered from the company behind the driverless vehicle by victims in a personal injury lawsuit. California's product liability laws may apply if the crash resulted from a self-driving car.
Crashes with Drunk Drivers
Intoxicated or drunk drivers can be sued for damages if they cause injury. An attorney can file a civil lawsuit regardless of whether the driver has been convicted of DUI. It is still possible for a driver who is not convicted to be held liable for negligent driving.
Wrecks Caused by Dangerous Road Conditions
Vehicle collisions or injuries can be caused by dangerous road conditions. Debris on the road can also contribute to crashes.
Police Car Casualties
When a police car crashes, the officer's liability can depend on whether he was responding to an emergency, had lights and sirens on, or was driving negligently at the time.
SUV Rollovers
SUV rollovers result in a higher number of serious injuries and deaths than other types of vehicle accidents. Occasionally, injury victims may be able to make a product liability claim against a company that sold them a dangerous vehicle without warning them of the dangers.
Tire Defect Problems
Drivers can lose control of their vehicles due to defective tires, which can cause serious injury or death. Tire defects that cause innocent people to suffer injury or death may be the responsibility of the tire seller or the manufacturer.
Guardrail Injury Lawsuits
In the event of defective guardrails on the highway, people inside a car can suffer serious injuries or even die. Governments, contractors, and guardrail designers can be sued for guardrail injuries.
The Value of a Case
There is a maximum recovery based on the defendant's policy limits. The amount can be higher if you have uninsured motorist coverage or if you are pursuing the defendant's assets. The value of the case will depend on the amount of special damages (those that can be quantified, like medical expenses) plus general damages (those that can't be quantified, such as pain and suffering).
The Process of a Lawsuit
A lawsuit must be filed within two years of the expiration of the statute of limitations. Automobile accident cases typically settle within a year. It can take anywhere from a few months to a few years to settle a car accident claim. In the event of a trial, the proceedings will take much longer than if the case is settled through negotiation.
Finding a Doctor
People who are involved in car accidents can make use of their health insurance. Lending arrangements can also be arranged. During this process, the doctor will defer the cost of treatment until the case has been resolved. For specialty care, this can be a good option to avoid co-pays. Those without insurance may also find it useful.
Talking to Insurance Companies
Your insurance company should be notified about the accident. Keep it vague, though. After that, your insurance company can be contacted by your attorney. Insurers have one main goal: to pay as little as they can on your claim as possible. You may be held responsible for whatever you say to them. The best course of action is to have a professional between you and them.
Medical Treatment
You should seek medical attention immediately if you think you may have been injured. The only way to prove you have been injured is to seek medical treatment. Attorneys and patients are irrelevant to insurance companies. Only a doctor’s opinion matters to them.