You need a professional car accident attorney by your side if you are injured in a car accident in California. Your California car accident lawyer will handle all negotiations with the at-fault party's insurance provider on your behalf, ensuring that you receive the damages you are entitled to.


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Find a Car Accident Lawyer for Personal Injury Claims

Despite the fact that car accidents are normal, they are often frightening when they happen to you. When you've been in a car accident and sustained a serious injury, it's even more painful. You may be concerned about how you'll pay your bills. You may be worried about missing work or not being able to do the things you love.

The figures below are based on estimates from the National Safety Council.

  • Overall, motor vehicle-related deaths rose by 6% between 2015 and 2016, reaching a total of 40,200.
  • In 2016, the projected costs of these deaths, auto accident-related accidents, and associated property damage totaled $432.5 billion, up 12% from 2015.
  • In October, there were more car accidents than in any other month, with August coming in second.
  • In 2016, 3,640 people died on California highways, up 13% from the previous year.
  • In addition to the fatalities, nearly 2.5 million people were injured in traffic accidents.
  • According to the National Highway Traffic Safety Administration of the United States Department of Transportation, 94 percent of all fatal vehicle accidents in 2016 were caused by human activity, suggesting that the vast majority of those fatalities could have been avoided.

Serious Car Accidents in California: The Most Common Types

The following are some of the most common causes of automobile accidents in California:

  • Driving while texting
  • Distracted driving is a serious issue
  • Driving while inebriated or under the influence of drugs or alcohol is a serious offense
  • Vehicles that haven't been properly maintained
  • When it comes to speeding
  • Disobedience to traffic rules
  • If it's a lack of signs or a path that hasn't been properly maintained
  • Driver exhaustion
  • Vehicle sections that are defective
  • The weather is not cooperating

The majority of the time, these conditions are caused by the negligence of one or more of the drivers involved in the accident. You have the right to claim compensation if you are injured as a result of someone else's negligence.

Car Accident Injuries: The Most Common Injuries

Car accidents can result in a variety of serious injuries, including death. Following a traffic crash, we often see the following injuries:

  • Head and brain injuries. The brain and the connected tissues that cover it are fragile and easily damaged in head injuries. In a car accident, an object striking the skull will rattle the brain inside the skull, causing bleeding (brain hemorrhage) or swelling. TBIs may result in temporary or permanent disabilities, as well as coma and death.
  • Injuries to the spinal cord (SCIs). SCIs come in a variety of shapes and sizes, depending on the form and location of the injury. Depending on the extent of the injury, an SCI can result in chronic back pain or partial or complete paralysis. Currently, there is no cure for spinal cord injuries.
  • Internal wounds. In a car accident, extreme gravitational forces can cause organs to collide with one another, resulting in a variety of internal injuries. Internal bleeding and injuries may cause organs to malfunction or stop working entirely.
  • Muscle strains and broken bones. Broken bones and ligament/muscle injuries can be excruciatingly painful, taking weeks or months to heal. Crash victims may be unable to return to work during this period. Some victims never completely recover their power and are unable to return to their previous employment.
  • Burns. If the occupants of a vehicle become trapped in a burning vehicle as a result of a collision, they can suffer severe burn injuries. Burns may affect the underlying tissues, tendons, and muscles as well as the outer layer of skin. Permanent scarring, disfigurement, and even amputation are common outcomes of burn injuries.
  • Wrongful Death. Victims in the worst incidents never fully recover from their injuries. If your family member died in a car accident as a result of someone else's negligence, please contact our firm for assistance. We really care for our clients and will vigorously defend your case.

While several accident victims recover from their injuries, some will have long-term consequences. Compensation for injuries would not be able to undo the harm that has been done. It does, however, help to alleviate some of the financial pressures that can occur as a result of serious injuries, as well as improve the quality of life.

What to Do If You've Been in a Car Accident in California

There are a few things you can do right away after an accident:

Obtain Assistance

First, dial 911 to ensure that you and everyone else who has been injured receive proper medical care. Police should be called to the accident scene in addition to medical assistance. In your personal injury situation, a police report may be critical evidence.

Gather evidence

If at all possible, collect information at the scene of the accident, such as:

  1. Both concerned drivers' contact and insurance information;
  2. Witnesses' contact details and comments
  3. Photographs or video of the vehicles involved in the crash, as well as the scene of the accident; and
  4. Any accidents should be recorded with photographs.
  5. This evidence may be crucial in proving the personal injury argument.

Seek medical assistance.

Even if you do not need immediate medical care, you should see a doctor as soon as possible after your accident. Some accidents don't show up right away or aren't noticeable. Delaying diagnosis and care will result in further problems.

Furthermore, if you wait too long to see a doctor, the insurance companies can attempt to minimize the severity of the injuries by claiming that they were caused by anything other than the accident.

Ensure that you follow your doctor's medical advice. Keep your medical records and payments safe as well.

Speak with a Personal Injury Lawyer

As soon as possible after your accident, contact an car accident attorney. Don't give an insurance provider your medical history or other written statements unless you've met with a car accident attorney

These facts can be used against you by the insurance provider. A car accident attorney will assist you in defending your rights and communicating with the insurance provider on your behalf.

When you are involved in a car accident, there are certain things you should do and others you should definitely not do, much as in many other situations you might experience in your daily life. Though our legal experience is primarily focused on California law, all of these would be useful regardless of the location of the accident.


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Dos:

  • Check to see if someone has been hurt, including yourself, your passengers, and the occupants of other cars.
  • Call 911 to report the incident and, if any, to request additional emergency services. Remember that even though the crash is minor, you must call 911.
  • To avoid obstruction, switch the vehicles to the side of the road if it is secure and possible. If you think a car is dangerous, don't try to drive it. Instead, make sure you and everyone are safe from any potential dangers.
  • Obtain confidential details from the drivers and other individuals involved in the collision. This should include their name, phone number, insurance information, and vehicle information.
  • Take pictures of your injury, the car accident scene, and the damage to your vehicle.
  • If there are any witnesses present, get their contact information.
  • Make notes about the accident as soon as you can while the facts are still fresh in your mind. If you don't carry a pen and paper with you, the notes app on your mobile will come in handy. Do not count on yourself to remember the specifics later.
  • Make a call to the insurance firm to let them know about the car accident.
  • Speak with a reputable and professional San Francisco car accident lawyer.

Don'ts:

  • If you don't want to speak to the cops, make a statement to anyone else.
  • At the site of the accident, sign any disclaimers, certificates, or other papers.
  • Without seeking legal advice from a car accident attorney, you can not sign anything other than police records.
  • Anyone other than the police, the insurance firm, or your car accident attorney should be informed about the incident.
  • Leave the scene without reporting it to the cops.
  • Leave the scene without taking photos and capturing as much detail as possible.

The Importance of Keeping Records

It's important to note that our clients are part of the process of obtaining compensation for property harm and personal injury. Our prescreened car accident attorneys work with clients to collect information, so it's important for them to know that our information could come from a number of places, including:

  • According to the police investigation
  • Statements of witnesses
  • Communication with/from the at-fault motorist
  • Photos from the scene of the crash
  • Records of medical care
  • Doctor's receipts
  • A physician has requested a leave of absence from work.
  • All communications between healthcare practitioners, including notes or guidance

Do Not Speak with an Insurance Company by Yourself

One of the most important things to note after an injury is that you do not make any statements to the insurance provider unless we are present to track and supervise what you say. We all know that the first words spoken during an accident may have a significant effect on the outcome.

Insurance firms focus on unsuspecting accident victims, trying to catch them in a vulnerable condition where they answer questions that are too early to make a decision, or worse, persuade the injured party to settle before they know the seriousness of their injuries or overall situation. When this occurs, car accident victims are left responsible for expenses they could not have expected, such as hospital bills and missed income. Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Negligence in a Personal Injury Claim

There are several road networks as well as a major highway. Negligence is one of the most common causes of injuries. Negligence is a common cause of injuries on Californian roads can be divided into three categories: driver negligence, equipment manufacturer negligence, and other parties' negligence. When injuries occur, the majority of them will be grounds for prosecution and the employment of a car accident attorney. The injured party (the plaintiff) must demonstrate to the court that the accused or defendant is to blame for the accident.

What constitutes irresponsible behavior?

Negligence has been a significant cause of injuries among California's 350,000 road users. It is possible to get distracted when driving nowadays. Therefore, it is called negligent behavior if a driver becomes distracted and causes an accident. Talking on the phone, wearing headphones to listen to music, regulating sound equipment while driving, texting, being tired or sleepy while driving, using computers or GPS units, and so on are all examples of negligent conduct. A distracted driver can miss some road signs or fail to note preventable hazards in time. A driver can also cause an accident if he or she makes a sharp turn or missing a turn, confusing other drivers.

As a driver, you must be cautious because you are protecting your own life and that of your passengers, and the lives and property of other road users. The failure to pay attention to the road or make a hasty and ill-advised decision will put a lot of people in danger, making them victims of your carelessness.

Negligence is often associated with behavior, but it may also be the result of omissions in certain cases:

  1. Duty of care – a driver, must focus and exercise caution in order to avoid an accident involving other road users. Drivers should learn to anticipate possible incidents and take actions and make decisions that will avoid personal injury and property harm.
  2. Breach of duty – in this situation, the driver(s) was irresponsible with regard to traffic rules, road signs, and her own driving abilities. This could result in a violation of the duty of care while driving on the lane.

What are the duties of a driver?

When it comes to driving, a law-abiding driver and road user is required to fulfill those obligations. When behind the wheel and on the roads, a driver is required to show good caution because their acts and inactions can jeopardize the health and safety of other road users. A driver is also required to follow traffic rules, pay attention to elements on the road, and drive responsibly, navigating sections of the road with acceptable speed limits.

  • A driver is often expected and mandated by law to stop and check on the other person involved in the accident and ensure that all necessary assistance is provided, and properly log the incident with law enforcement authorities.
  • If a driver flees the scene before the police or law enforcement officers arrive, he or she can face a more serious charge. The driver can face even harsher punishments, such as fines and prison time if the accident is referred to as a "hit and run."

Suppose someone has been injured or killed in such an accident. In that case, the driver is expected to stop at the scene, exchange contact details, wait for the police to arrive, and make an official statement explaining what should be remembered about the events leading up to and following the collision.

Driver negligence

In order to file a legitimate car accident claim, you must be able to establish the following elements of negligence:

  • That the other driver had a responsibility to operate his or her vehicle safely and properly on the lane.
  • That the other driver has failed to fulfill his or her obligations
  • That the driver's actions are to blame for the accident
  • That the accident resulted in personal injury, monetary damage, or, in some situations, death to you or your passenger

However, proving negligence can be difficult in some situations. Attorneys recognize that proving negligence is a vital aspect of the case, and as a result, they will work with clients to create evidence of negligence, which will improve their case and enable them to claim compensation for damages, injuries, and other inconveniences.

However, in some circumstances, all drivers involved in the accident may share blame and negligence. Chat with your car accident attorney to determine who is at fault.

Is it possible that negligence would affect my settlement?

Suppose you own a portion of the negligent behavior as a plaintiff. In that case, the Personal Injury Lawyer will inform you that you will own the same portion of the settlement as well. This means that a part of the settlement or reward would be diminished.

There is a concept known as comparative negligence. In such cases, more than one individual is responsible for the negligent actions that resulted in the accident. As a result, many driving schools have taught students to drive defensively at all times. As an example, if you see someone driving and try to pass them, causing an accident up ahead, you will both share the blame; partial responsibilities will be assigned to both of you due to negligence.

Contributory negligence, on the other hand, occurs when you share some of the blame for the accident's injury. Since you were a contributing factor in the accident, you can receive no compensation for your injury and damages.

In California, what is Contributory Negligence?

Any form of negligence action in which a plaintiff sues a defendant for physical injury or property damage would require the plaintiff to show that the defendant is at least partly to blame for the plaintiff's damages. One of the most common defenses used by defendants, particularly in personal injury cases, is that the plaintiff was the one who caused his or her own injuries.

This claim could be true, or it could be a ruse to scare the victim into not seeking compensation or accepting a low-ball offer, or it could be a combination of both. Although it is true that a plaintiff would not be able to recover against a defendant at trial if he or she is unable to show that the defendant was partially at fault by a preponderance of the facts, the defendant cannot preclude the plaintiff from recovering simply by proving the plaintiff was indeed at fault. Instead, California courts may use a term known as "contributory negligence" or "comparative negligence" interchangeably to minimize the plaintiff's recovery.

"Therefore, in all lawsuits for negligence resulting in injuries to person or property, the contributory negligence of the person injured in person or property shall not preclude compensation, although the damages awarded shall be reduced in proportion to the amount of negligence attributed to the person recovering," wrote the court in Li v. Yellow Cab.

Many states exclude claimants who are more than 50% or 51% at fault in causing an accident from recovering something from the defendant, but California uses a "pure comparative negligence" scheme, which allows a plaintiff to recover from any at-fault defendant regardless of whether his or her own proportion of fault is greater than 51%.

Though many sources refer to the obsolete "all-or-nothing" law as "contributory negligence," many lawyers and judges still use the term to refer to California's new pure comparative negligence laws.

The apportionment of damages for claimants in jurisdictions that have adopted comparative blame, contributory negligence, or joint and several liabilities can differ significantly. Victims of automobile accidents should be aware of the recovery scheme in place in their jurisdiction since it could have a direct effect on their award.

  • Comparative Fault is a legal scheme in which the defendant is held liable for damages depending on the percentage of blame that he or she bears. Pure comparative negligence jurisdictions and modified comparative negligence jurisdictions are the two types of comparative negligence jurisdictions.
  • Contributory Negligence refers to a legal framework that prevents a negligent complainant from recovering something. And if a complainant is 1% at fault in an accident, he or she will not be entitled to any compensation. The law is well-known for having a negative impact on plaintiffs' recovery. The Last Clear Chance Rule is an exception to this rule, which allows negligent claimants to recover liability if they can prove that the defendant had the last clear chance to prevent an accident. Contributory negligence is a practice that only a few states in the United States obey.

Shared Liability

is a provision that allows a plaintiff to recover the full amount of damages awarded against any liable defendant. After that, the defendants must sue each other for contribution. In cases concerning the recovery of noneconomic losses, California has changed the application of joint and several liabilities. For cases involving medical bills, lost wages, funeral costs, property losses, maintenance costs, and other damages with a particular estimate, California also imposes joint and several liabilities.

Comparative Vs. Contributory Negligence

Plaintiffs who are otherwise liable will still compensate for their injuries thanks to comparative negligence. Contributory negligence, on the other hand, serves as a complete bar to restitution for negligent plaintiffs. While a defendant can invoke either rule as a defense, comparative negligence has the sole effect of reducing the plaintiff's eventual recovery due to his or her own negligence. Owing to the plaintiff's contributory negligence, a defendant is fully released from prosecution in contributory negligence proceedings.

When contemplating comparative negligence and contributory negligence, it's helpful to understand the implications of each rule in the sense of a case involving a complainant who is partially to blame. Perhaps there is a case involving a defendant who was speeding and failed to signal a lane change on the road. The defendant is found to be 80% at fault, while the complainant is found to be 20% at fault for talking on her phone at the time of the crash. If the defendant claims comparative negligence as a remedy, he would be responsible for paying 80% of the plaintiff's judgment. If the defendant asserts contributory negligence as mitigation, the plaintiff would be barred from receiving any compensation for her losses.

If you have been involved in an accident involving pure comparative negligence, a Personal Injury Lawyer will assist you.

What are the possible damages for a car accident claim?

Each car accident claim has a different value. The amount of payable damages you receive depends on the nature and extent of your injuries, as well as how they have affected your life.

When you speak with a California Personal Injury Lawyer, they will assess your case and provide you with an estimation of a reasonable payout.

You will recover damages for both tangible financial injuries and intangible emotional or physical trauma in a car accident lawsuit. Economic damages are the term used in the legal world to describe tangible losses. They contain things such as:

  • Healthcare costs
  • Wages that have been lost in the past and will be lost in the future
  • Costs of rehabilitation
  • Household services were lost
  • There has been property loss

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Noneconomic damages is the term for intangible injuries. This may include the following:

  • Your disability has resulted in a loss of future earning capacity
  • Loss of the Enjoyment of Life
  • Pain and Suffering
  • Emotional or psychological distress

Insurance firms have a reputation for grossly undervaluing noneconomic losses. They will try to persuade you that you don't have a claim because these damages can't be measured using bills and pay stubs.

Getting a car accident attorney by your side can be extremely beneficial in this situation. Your Personal Injury Lawyer will help you determine the value of your non-economic damages and gather facts to back up your lawsuit.

In California, how long do I have to file a car accident claim?

  • You have two years from the date of your injuries to file a traffic accident case in California. You will forfeit the right to claim damages from the accident if you do not file a complaint within the time frame.
  • Since a plaintiff only has a limited amount of time to file a claim, it's important to contact a Personal Injury Lawyer as soon as possible after your accident.
  • A car accident attorney will also assist you in negotiating a settlement with the insurance provider without the need to file a lawsuit.
  • The earlier you call/hire a car accident attorney, the more time they will have to negotiate on your behalf. If you need to file a complaint, your Personal Injury Lawyer will make certain you don't miss the deadline.

When a person is injured or loses money as a result of another person's or party's negligence, the injured party may file a personal injury lawsuit and obtain compensation for their damages. If the victim was deceased as a result of reckless behavior, the victim's surviving loved ones must file a Wrongful Death lawsuit to recover compensation for the incident. With a few exceptions, Wrongful Death lawsuits operate similarly to traditional personal injury claims.

Wrongful Death Claims in California

Just a few people are allowed to file Wrongful Death lawsuits in California, according to state law. Near relatives, such as spouses, domestic partners, or adult children, are usually the first to be considered. If no immediate family members are available to file a claim, any other party who has a claim against the deceased person's estate can file a Wrongful Death claim. Parents, siblings, and other relatives of the deceased may be included. Finally, someone who can demonstrate that they were financially dependent on the deceased can file a Wrongful Death lawsuit.

Who should be held liable?

Wrongful Death cases are covered by the law in every state, including California. The negligent party that caused another's Wrongful Death will be held liable for the survivors' pain and suffering, compensation for the deceased's lost earnings, recovery of current and future financial losses as a result of the loved one's death, reimbursement for burial, and funeral expenses, reimbursement for medical expenses, and immediate monetary expenses incurred by the wrongdoer.

Here are possible defendants:

  • a vehicle driver
  • a physician
  • a miscreant
  • a business owner
  • a company owner
  • a producer of goods
  • An owner of real estate

When Several Parties Are Liable

The plaintiff's counsel must prove the defendant's fault in order for surviving family members to claim special and general compensatory damages. If you make a lawsuit, your counsel will be responsible for providing sufficient proof to an insurance provider or a courtroom to show that a defendant was responsible for your loved one's death. In general, there are four key elements of proving fault: responsibility, breach, causation, and damages.

Plaintiffs in Wrongful Death proceedings, including those in personal injury cases, may have to prove the defendant's fault in court. To prove negligence, a defendant must show that he or she owed the deceased a duty to act with due caution, that the defendant breached that duty, and that the breach caused the death. Plaintiffs in Wrongful Death litigation, like those in personal injury cases, may seek a variety of damages.

Wrongful Death Damages

There is more than just monetary compensation at stake in a Wrongful Death lawsuit. It's a way to seek justice for your loved one by safeguarding his or her rights. A Wrongful Death lawsuit allows your loved ones to speak for themselves. Your relative may not be able to keep the at-fault party accountable directly, but his or her relatives may demand restitution on his or her behalf. A surviving family in California may be entitled to compensation from a defendant for a variety of economic and non-economic damages related to the death.

  • Future profits – The amount of money the deceased would have made if the death had not been caused by Wrongful Death.
  • All costs associated with passing are referred to as passing expenses (medical bills, funeral, burial expenses).
  • Retirement or pension – A Wrongful Death that occurs too soon may result in a reduction in income from a retirement plan.
  • Inheritance – Gains from an inheritance may be reduced.
  • Compensation for the victim's and their loved one's pain and suffering – The Wrongful Death attorney would be able to secure compensation for the victim's and their loved ones' pain and suffering.
  • Punitive Damages – Whether the loss was caused by the other party's malicious actions or negligence, you might be entitled to financial compensation.
  • Loss of companionship – You could be entitled to monetary compensation if you have lost the companionship of a family member or acquaintance.

Contact us to schedule a free consultation if you have questions regarding the value of your family's Wrongful Death lawsuit. We all know that no compensation or judgment award, no matter how large, will compensate for a family member's death. However, we hope that a favorable case outcome will provide your family with greater financial security and peace of mind.

Deadlines for Wrongful Death Claims

Your family cannot afford to wait too long to file a Wrongful Death lawsuit. Wrongful Death cases in California are subject to a strict statute of limitations. If the applicant does not sue within two years of the deceased person's death, the lawsuit would almost certainly be dismissed by the California courts. You only have two years to gather facts, create a case, and file a lawsuit against a defendant. Hire a personal injury lawyer as soon as you suspect wrongdoing in connection with your loved one's death to expedite the claims process as much as possible.

Find a Car Crash Attorney in California

1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can refer you to the best Personal Injury Lawyer. You can contact us through our 24/7 live chat (or complete our submission form with your case details) for a free initial consultation.