Injured in a Car Crash in California? Here's How You Collect Damages.

Thousands of people are killed in car accidents in California annually. Hundreds of thousands of people have been wounded. In 2015, this amounted to nearly 30 car accidents per hour across the state. No one really expects to be involved in a catastrophic car accident. However, victims and their families face life-changing injuries and mounting medical bills in the aftermath. You should also consider the cost of fixing or replacing their cars, as well as coping with the insurance company's pressure. If you've been a victim, it's best to consult with a Personal Injury Attorney to see the payable damages you might be entitled to.

Find A Los Angeles Personal Injury Lawyer for Vehicular Accidents in California

Like many other jurisdictions, California is an at-fault car accident jurisdiction, which means that injury victims must seek compensation from the party who caused the accident. In no-fault states, regardless of who was at fault, injured people make lawsuits through their own insurance provider.

At-fault laws keep liable parties accountable for their actions, but they may also add to the complexity of proceedings. In order to recover liability for their injuries and damages when injury blame is challenged, injured persons must claim that the defendant caused the accident.

Proving your car accident personal injury claim can be difficult.

In general, the plaintiff must demonstrate that the defendant's reckless actions caused the car accident in order to prove blame in a car accident lawsuit. The following four elements must be met in order to establish negligence:

The defendant owed a duty of treatment to the plaintiff. In-car accident cases, proving that the plaintiff has a duty of care is normally straightforward since all drivers have a responsibility to operate their cars safely and in accordance with California driving laws.
Breach – The defendant failed to uphold his or her legal obligations. Plaintiffs provide evidence that the defendant failed to uphold the duty of care. The plaintiff's testimony, witness statements, images, video, police reports, and anything else that shows the defendant's breach of duty can all be admissible as evidence.
The plaintiff suffered an injury. Plaintiffs provide evidence to show that they were injured and sustained damages as a result of the crash. Hospital bills, photos, medical records, and other documents are common types of injury proof.
The defendant's neglect of duty caused the plaintiff's injuries. It is insufficient to demonstrate that the defendant was incompetent and that the plaintiff was hurt. To make your case against the defendant, you must show that the defendant's negligence caused the injuries. In other words, you would not have been killed if the defendant had not been reckless.

Law of Comparative Negligence in California

Fortunately for those involved in auto collisions in California, state regulations favor injury victims, even if they were partly at fault for their accidents. A plaintiff's right to restitution in many other comparative fault states is limited to a maximum percentage of fault.

Some jurisdictions, for example, allow claimants to collect compensation if they are less than 50% at fault. They forfeit their right of compensation from the defendant if they are found to be 51 percent at fault for the accident.

The comparative fault law in California, on the other hand, is extremely liberal. Plaintiffs who have been injured are entitled to compensation if they can prove that the defendant was even slightly at fault for the accident. At trial, the judge or jury assigns a percentage of blame to each side.

Cases of Car Crashes in California

Accidents Caused by Drunk Driving

In California, drunk drivers are responsible for a significant percentage of serious and fatal car accidents. DUI prosecutions serve to prosecute those who drive while impaired by narcotics or alcohol, but crash claimants must seek personal injury charges against the driver in order to recover compensation for their losses. The plaintiff's argument against the defendant can be bolstered by evidence of driving under the influence.

Accident in a Rideshare

Although rideshare companies like Uber and Lyft brag about their multimillion-dollar insurance plans, they deny liability in the vast majority of accidents. If you are unfamiliar with California's rideshare accident rules, deciding liability may be difficult, and the lawsuit can include many defendants and insurance agencies.

Accidents involving trucks, buses, and large commercial vehicles

Collisions involving big trucks and buses are not the same as normal car accidents. Defendants in truck and bus accidents are often government agencies or major trucking firms with extensive legal and financial resources. A Los Angeles Personal Injury Attorney with expertise in mass transit and motor vehicle accident cases should represent injury victims.

Accident involving a pedestrian or bicyclist

When pedestrians and bicyclists are involved in car accidents, the injuries are often fatal. Owing to high medical expenses, lost work, disability, and pain and suffering, the costs of accidents and damages may be huge. Survivors of fatal accidents frequently suffer significant financial losses as a result of losing their loved ones.

Accident involving a single vehicle

Single-vehicle collisions aren't necessarily the fault of the driver. Road obstructions, inadequate road maintenance, a lack of signs and warnings of possible hazards, and car defects are all common causes of single-vehicle accidents. Those involved in a single-vehicle accident could seek compensation if the accident was caused by someone else.

Accidents Caused by Distracted Driving

When driving a car, drivers should never attempt to multitask. A distracted driver can cause an accident in a matter of seconds. When drivers text, eat, talk on the phone, send emails, or do something else while driving, it puts anyone else on the road at risk.

Accidents involving teen drivers

Teenage drivers, especially those who have only been driving for six months, are more likely to be involved in accidents than other driver demographics. Teenagers are inexperienced, easily distracted, and prone to making errors that more seasoned drivers can avoid. Many teenagers are also unaware of the devastating effects that injuries can have on accident victims and their families.

In a car accident, who is responsible?

One or more people may be to blame for your injury, and ensuring that the correct parties are kept liable is an important part of obtaining compensation for your injuries. Your Los Angeles Car Accident Lawyer will conduct an investigation into your accident to decide who is to blame. The following are some of the parties that should be held accountable:

A car accident involving one person – The most common car accident scenario involves one driver being at fault. You would file a lawsuit with the driver's insurance provider if another driver caused the crash.
Third-party – A third party that is not personally involved in the accident may also be held liable. For instance, if a driver ran a red light and another driver swerved and struck your car instead, the driver who ran the red light might be held liable. Such third parties frequently involve companies in charge of road maintenance and car manufacturers.

If you are involved in an accident with a city bus, police officer, or some other government-owned and controlled vehicle, a government body can be liable. Due to strict notice and filing deadlines, lawsuits against the government vary from most personal injury claims.

Your insurance provider – You can have a claim against your own insurance company in some circumstances. You can file for an uninsured or underinsured motorist claim with your insurance provider if you were injured in an accident caused by an uninsured driver or if the driver's insurance limits do not cover the extent of your injuries and damages.

Consider one of our prescreened California Lawyers in your Cal Bar Attorney Search.

Negotiations with Insurance Companies

The majority of auto accident cases require dealing with one or more insurance providers, which can be difficult. Even if you file an uninsured motorist claim for your own insurance provider, insurance adjusters will find it difficult to receive full coverage for your claim.

If you have legal counsel, the Car Accident Lawyer can handle all insurance company contact. To determine the value of your case, they will investigate all of your injuries and damages. This will ensure that you only consider offers that adequately reimburse you for your losses.

Time It Would Take For Your Car Accident Case To Be Resolved

Clients who have been injured also inquire about the length of time it would take to settle their case. Many factors determine how long it takes to resolve a car accident lawsuit, including whether liability is disputed, how fair the insurance provider is during mediation talks, and whether the case settles or goes to trial.

The majority of personal injury lawsuits resolve before going to trial, although it is not always easy to reach a reasonable settlement. Occasionally, one or both sides will leave talks to prepare for trial and reach a compromise only before the trial begins. Most times, cases are resolved in a matter of weeks or even days.

What Do You Do If You Are Involved In A Car Accident?

Even small incidents can be frightening, but what you do next can have a big effect on your personal injury case. Here are four important items to remember at all times:

Seek medical advice

Medical assistance should still be the first priority. Examine whether you, your passengers or the other driver have been hurt. If this is the case, dial 911.
If there are no visible injuries, see a doctor as soon as possible for a check-up. Many accidents do not manifest themselves right away, but they can be very severe.
Any care you receive should be recorded in doctor's notes and medical records.

Call the cops

You should file a police report regardless of how minor the accident was. This information will be used by your counsel to prove the accident occurred and assist you in receiving the compensation you deserve.

Report the Mishap

You must notify the insurer of an accident, but you must remain anonymous. Simply inform the carrier that you were in an accident and, if asked, that you are currently unaware of the magnitude of the damages and injuries.

Consult a Los Angeles Personal Injury Attorney

After a car accident, few people are able to manage the financial strain of damages and ongoing care. A knowledgeable Los Angeles Personal Injury Attorney may assist you in obtaining the compensation you need to move forward with your life.

How Can A Car Accident Attorney Assist Me In My Case?

When you don't know what to expect, the process of filing a car accident claim can be perplexing. Knowing the steps to obtain compensation for damages will make the claims process go more smoothly for drivers.

A Car Accident Lawyer can assist car accident victims with the appeals process in the following ways:

Knowing that the overwhelming majority of auto accident cases are settled out of court means that the vast majority of drivers would never set foot in a courtroom. Car accident cases are most frequently negotiated and settled with an insurance agent under the supervision of an experienced Los Angeles Personal Injury Attorney.
Having prior settlement and negotiation experience. When it comes to auto insurance claims in California, the standard fault model is used, which means that a driver usually files a claim with the insurance provider of the at-fault driver to cover for the economic and non-economic losses caused by the accident.
Considering car accident compensation considerations such as the seriousness of a driver's injury and other damages suffered. Gathering facts to support the veracity of a driver's argument is one of the most critical things a driver can do during the settlement process. This means he should seek medical help and adhere to any treatment recommendations. He or she may also want to collect information such as medical reports, repair bill receipts, damage photographs, and so on.
Creating and submitting a formal demand letter in which a Los Angeles Personal Injury Attorney describes the seriousness of a driver's injury and makes a formal declaration of damages. An insurance provider will acknowledge or reject responsibility for an accident after an inspection, and the settlement process will officially begin.
Negotiate with an insurance agent to obtain equal and complete coverage for a driver's damages. Legal counsel is critical to the process because it ensures that the driver's economic costs, as well as intangible losses like physical pain and distress, are reasonably reflected in the settlement. A true auto accident compensation covers medical expenses, missed income, and the costs of potential medical insurance, among other things.

What Does the Law Say About Road Rage in California?

In a road rage situation, there are three types of laws at work.

Criminal Law

Then there's the criminal code. The California State Legislature passed these types of legislation. These penal codes and laws are primarily intended to punish wrongdoers with fines or incarceration. The burden of evidence for criminal cases is much higher than for civil or administrative law claims. As a result, a criminal suspect would not be punished erroneously or unjustly.
The state is the victim of a criminal case, and the defendant is referred to as a criminal defendant.

Civil Law

In a civil law case involving road rage, another form of law is at stake. Civil law requires civil claimants to sue individual bad actors as civil defendants for monetary damages based on negligence or malicious tort theories.
Small claims, limited jurisdiction, and unlimited jurisdiction Superior Courts are open to sue in the California State Court system.
While punitive damages are often available in civil court as an out-of-the-ordinary part in a motor vehicle accident case, they must be supported by clear and compelling facts. As a result, a judge or jury will determine your ordinary damages for pain, distress, and economic losses. The "preponderance of the proof" requirement would impose a lighter burden. In any case, hiring a better Los Angeles Personal Injury Attorney to maximize the settlement or conviction against a legal defendant is the target in a civil case. Even after paying the attorney's fees and expenses back, self-representation is statistically proved to be a bad idea in terms of recovering the full payout.

Administrative Law

Administrative remedies, for example, are a type of civil remedy available outside of criminal or civil court. If you receive three points on your driving record, you will be required to appear before a California DMV administrative hearing officer. You can hire a Car Accident Lawyer to represent you and raise verbal complaints on your behalf. You're always entitled to notification and a chance to reply. But what's at stake here isn't your money or your life; rather, it's whether the state can act on your behalf or revoke a license or privilege that isn't considered a constitutional right. In addition, if you lose your case, you have the option of appealing to a federal Superior Court or, in some cases, directly to a State Court of Appeal.
Where there is no corpus delicti or injured party, Penal Code Section 9 explains how to obtain a civil default against a traffic ticket and other remedies.
Most administrative actions in a road rage case are decided by the Vehicle Code.

Important Civil Laws in California Car Accidents

As a survivor, it can be difficult to understand California's complicated auto accident rules. This is why you need to speak with a Los Angeles Personal Injury Attorney right away.

Faults and Requirements

California is a territory that is responsible for its own actions. Under negligence rules, the survivor must show that the other driver owes the victim only compensation. The victims' recovery is reduced by their partial percentage of blame under the state's pure comparative negligence rules. And if the victim was responsible for 98 percent of the accident, they will only receive 2% of the award. Comparative negligence defenses can be defeated with the aid of a Los Angeles Personal Injury Attorney.

Laws of the road in general

All drivers must have a valid driver's license, be at least minimally protected, drive a registered car, and follow all posted speed limits.
You must drive safely for the conditions while driving in the dark or in poor weather.
Since the law prohibits people from blocking traffic flow, you must yield to oncoming vehicles.
By driving too closely, drivers risk hitting the back end of other cars. The rear vehicles will need to maintain a safer buffer of space if the lead vehicle makes a sudden stop. When driving, drivers must avoid using mobile devices or being distracted.

Seatbelt

If you don't wear your seatbelt during a car crash, you will be able to avoid paying for your pain and discomfort. All passengers under the age of 16 must wear a seatbelt.
Rules for Reporting Car Accidents When the road conditions are safe, drivers must brake, render assistance, and provide papers after colliding.
According to California Vehicle Code (CVC) 16000, in cases of death, disability, or harm worth more than $750, a report to the DMV must be submitted within 10 days.
Reports to the authorities. Vehicle operators in incidents are required by CVC 20008 to file a written police report with the Highway Patrol or the local precinct. Within 24 hours of the collision, any accident or death must be confirmed.

Statute of Limitation

Survivors must sue anyone within two years of the date of the car accident, although exceptions can exist to shorten or lengthen this period. The time limit for filing a property injury case after a car accident is three years, but suing the government cuts the time in half. (This normally takes 6 months).

Where do I report a car accident?

Report the accident to the California Highway Patrol or the local police department in the city where it happened. You can download an online report form (called SR 1) from the DMV's website. You can also disclose an accident by calling the insurance provider and speaking with an official on the phone.

How do I file a car accident report?

A car accident may be reported in person, over the phone, or in some cases, online. A Traffic Accident Report (SR 1) form is available for download from the California Department of Motor Vehicles' website.

Is it against the law to fail to report an accident?

In some situations. If you are involved in a car accident that causes injuries or death, you are required by California law to report the accident within 24 hours, regardless of who was at fault. If there was an injury, death, or more than $1,000 in property damage, the Department of Motor Vehicles needs a report to be submitted within 10 days.

What happens if you don't file a police report after a car accident?

In the best-case scenario, you won't be able to recover any damages for vehicle dents and bruises, as well as injuries discovered later. In the worst-case scenario, you might lose your driver's license, face a fine, or even go to prison. As a result, filing a formal report as soon as possible after a car accident is always a safe idea.

California Vehicle Insurance Laws That You Should Know

California's insurance scheme is tort-based, which means that if you cause a car accident and the insurer refuses to accept the responsibility on your behalf, you could face a lawsuit. You must pay the sums due if you did not purchase enough insurance coverage. Those responsible for the injury in a car accident must be kept legally accountable. They must contribute to the cost of their share of the fault.

Vehicle operators are required by statute to provide $15,000 in the event of a single victim's injury or death and $30,000 in the event of multiple victims' injuries or deaths. Property damage compensation is needed in California at a "minimum" of $5,000. A business like Uber, Lyft, or FedEx must purchase a higher commercial insurance policy to protect hired drivers.
In this scenario, you should continue with your crash claim as if it were any other type of car accident. You'll start by filing a written damage claim with the at-fault party's insurance company. While some first-party insurers require mandatory arbitration, injury claimants prefer to bring litigation rather than insurance claims.

Coverage for uninsured and underinsured motorists. Customers must be given the option to purchase or reject/waive uninsured motorist ("UM") bodily injury and underinsured motorist (UIM) coverage at the point of purchase, according to insurance code law. Your UM policy kicks in if the at-fault driver does not have insurance. The disparity between the driver's smaller scheme and the victim's real damages is covered by UIM motorist coverage. Underinsured Motorist Property Damage is another wise option (UMPD). If an individual with low insurance hits your car, UMPD helps pay for your belongings.

When an unidentified driver flees the scene of a collision, UM, UIM, and UMPD coverage can be requested, and our prescreened Car Accident Lawyer can assist you in negotiating with your insurance company. You will sue for another person's property loss up to your insurance limits if you have Property Damage coverage. Damage to your car would not be insured.

Purchasing Other Forms of Automobile Insurance When it comes to purchasing insurance, California state insurance laws serve as a starting point. You can add medical payments compensation (Med-Pay), liability insurance, comprehensive coverage (Comp), and fraud protection to your policy. UMPD or crash insurance will be able to assist you in paying for dents and other damages. After suffering severe injury in a car accident, a Car Accident Lawyer will assist you in negotiating a fair and reasonable recovery.

Payment Options from a Third-Party. When the government creates a hazardous situation, such as an unsafe highway, a skilled Los Angeles Personal Injury Attorney may clarify why the City of Los Angeles is liable for the hazard. You might have the right to claim compensation from third parties if the issue was caused by a defective or recalled product from a car part manufacturer. Our prescreened Car Accident Lawyers can examine the facts and explains the various payment options available.

If I am injured, who will cover my medical costs, missed income, and other expenses?

Medical bills may be costly, and if you are not at fault in a car accident, you might be entitled to substantial coverage from the at-fault party's auto insurance. If you caused the collision, the insurance provider would compensate the other driver for car damage and any injuries that are protected by the policy limits.

What happens if I'm the one getting sued?

Your insurance firm should appoint a Los Angeles Personal Injury Attorney to represent you, and you may be required to testify or explain the events of the accident. You could be sued for more money than the insurance policy would cover in some situations. In this case, you can need the services of your own Los Angeles Personal Injury Attorney.

What if I try to file a lawsuit?

When another driver causes a car accident that results in injury to you or your relatives, you may be entitled to compensation for your injuries, pain and suffering, car loss, and other costs incurred as a result of the accident, such as lost wages or household aid. Your Lawyer will start putting together a case and filing a claim with the other driver's insurance provider right away. Some insurance companies can refuse to compensate you fairly, which is why getting your own legal advocate is so critical. Our car accident lawyers will try to reach a fair settlement with the insurance provider, but if they refuse, our lawyers are ready to take the case to trial. Since certain forms of claims have time limits, it is important to contact an experienced Los Angeles Personal Injury Attorney as soon as possible.

What do I do if the other driver is uninsured?

While these are uncommon situations, whether you are hurt, and the other driver is uninsured or underinsured, you may have several choices. Much of the time, your own insurance will cover your injuries. If the other driver's insurance is insufficient to cover the medical expenses, your own insurance will be able to cover the difference. If you have crash insurance, it will cover any damage to your vehicle, regardless of who is to blame.

What Else Would A Car Accident Lawyer Help You With?

After a car accident, hiring a Los Angeles Personal Injury Attorney might not be the first thing that comes to mind. However, hiring an experienced lawyer is critical, particularly when there are serious injuries involved in a car accident.

A Car Accident Lawyer will guide you through the entire post-collision process. This involves completing the paperwork required for a settlement. More significantly, an attorney will advise you about how to claim compensation for any losses you may have suffered. A Los Angeles Personal Injury Attorney will assist you in negotiating compensation for your auto accident lawsuit if you have sustained substantial physical harm or even disabilities.
Assistance with medical expenses and lost wages. It is important to employ a lawyer that has the financial resources to cover the costs of high medical expenses, professional hire, and temporary loss of income. The simple truth is that not every lawyer is capable of doing so.

In addition, a Los Angeles Personal Injury Attorney will advise you on the best course of action for recouping your losses. While it may be preferable to settle with an insurance claim first, in serious accidents, a personal injury claim may be more successful.

An advocate can be invaluable in the process if you plan to seek restitution in a lawsuit. A lawyer with trial experience will assist you in organizing the paperwork required to file a claim, using their services to obtain additional information and data relevant and important to winning the case and having the skills to advocate for you if the case goes to trial.

If you or a loved one has been injured in a car accident, it is strongly recommended that you seek the advice of a Los Angeles Personal Injury Attorney. Our prescreened Car Accident Lawyers can help you answer questions about your legal rights and choices.

When It Leads to a Wrongful Death Case

In legal terms, the word "wrongful death" refers to a wide variety of situations. A successful wrongful death lawsuit includes the death of a human being, the death being caused by another person's negligence or intentional intent to injure, and the survival of family members who have been financially impacted by the death. As a consequence, wrongful death lawsuits can arise as a result of, among other things, exposure to hazardous conditions or drugs, criminal activity, or an automobile accident.

Wrongful Death Laws Examples

The following are some of the problems that vary from one jurisdiction to the next:

Damage recovery caps: Certain bodies of law set limits or caps for how much a plaintiff can recover in a wrongful death case. These restrictions will apply to both total compensation amounts and punitive damages.
Pre-death pain and suffering: Some jurisdictions encourage claimants to seek compensation for their deceased loved ones' pain and suffering in the moments leading up to death. This is not permitted in other jurisdictions.
Claims brought by heirs vs. claims brought by survivors: A wrongful death suit made by the decadent's estate is known as a "survival claim." For survival claims and claims brought by an estate, each jurisdiction has its own set of rules and limits.

Not every jurisdiction requires a plaintiff's recovery to be focused in part on the accumulation of money that the deceased may have made over the course of a lifetime.

Damages for Wrongful Death

Suits and attorneys are probably the last things on your mind if you lose a loved one in a horrific accident. Survivors, on the other hand, can contact an experienced wrongful death attorney right away. Wrongful death is a charge against someone who is responsible for another person's death. For the unjustified death of a child or an adult, there are two types of damages that may be sought.

Economic damages include the financial assistance that a deceased victim may have provided to survivors for the rest of their lives. Non-economic damages are intended to compensate survivors for intangible attributes such as caring, companionship, encouragement, and sexual intimacy that have been lost. If someone close to you has died as a result of wrongful death in California, contact an experienced wrongful death lawyer right away.

Find A Car Accident Attorney in California

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