California Car Wreck Lawyers
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California Car Wreck Lawyers Protecting Your Interests With Integrity
In May 2022, the early estimate of traffic fatalities from the National Highway Traffic Safety Administration (NHTSA) showed that 42,915 people were killed in motor vehicle traffic crashes, representing a 10.5 percent increase from 2020 and the highest number of fatalities in 16 years. NHTSA statistics also found that under the Revised Trauma Score (RTS), patients with a probability of survival of 36.1 percent or less were considered to be severely injured and frequently needed to be transported to Level 1 or Level 2 trauma centers to receive higher levels of critical care. The numbers strongly suggested an increase in the severity of crashes over the past two years.
No two car crashes are ever the same. People can be involved in a wide variety of accidents stemming from many different causes. Some of the more common causes of motor vehicle accidents include:
- Distracted driving
- Speeding
- Reckless or aggressive driving
- Driving under the influence (DUI) of drugs or alcohol
- Driver fatigue or drowsy driving
- Improper lane changes or turns
- Failure to yield the right of way
- Running stop signs or stoplights
- Inclement weather conditions
- Tailgating
- Wrong-way driving
- Road rage
- Tire blowouts
- Potholes and other dangerous road conditions
Not all car accidents necessarily result in severe injuries, but the ones that do can leave injured victims facing numerous challenges in their personal lives. Many people will be unable to return to work for extended periods. They will likely require several rounds of additional medical care, which can result in substantial bills.
Most people assume that they can directly negotiate with insurance companies and quickly agree on a settlement that helps them cover the costs associated with their losses following a car accident. The truth remains that negotiating with insurance companies isn’t usually this straightforward. People can face immense challenges in trying to pursue the damages to which they may be entitled under California law.
You may not want to handle the insurance process alone because adjusters review statements carefully and may interpret them in ways that limit or challenge parts of your claim. Having legal guidance helps you understand what to say, what to avoid, and how to protect your rights during the process. You will want to have experienced California car wreck lawyers on your side to protect your interests and pursue a fair and full settlement under the law.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
Possible Damages In A Motor Vehicle Wreck Lawsuit
Under the California Civil Code, a person who is harmed by another party’s unlawful act or omission may pursue compensation from the responsible party. This compensation is referred to as damages.
Compensatory damages refer to compensation intended to “make a person whole again.” They usually involve both economic damages and non-economic damages. Monetary damages are awards relating to a person’s actual, tangible losses, and non-economic damages are awards for far more subjective, non-pecuniary losses.
A very common type of economic damage in car accident cases is lost wages, as people may either miss work entirely or accept lower-paying jobs, earning less than they once did. California car wreck lawyers can help you determine how much compensation you may be eligible to receive for your lost wages and other losses.
Other common kinds of economic damages include:
- Medical bills
- Property damage
- Costs of long-term care
- Physical therapy costs
- Rehabilitation expenses
As for non-economic damages, pain and suffering are undoubtedly among the most common types of damages, as they affect nearly every accident victim. Like all non-economic damages, there is no specific way to calculate this figure, so it is usually left to a jury to determine an appropriate award.
Other non-economic damages can also include:
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Physical limitations
Exemplary damages, more commonly known as punitive damages, are also possible in a select few car accident cases. The California Civil Code establishes that these damages are only possible when it is proven by clear and convincing evidence that another party was guilty of oppression, fraud, or malice.
Punitive damages are not so much about compensating an injured victim as they are about punishing a negligent party. Drunk driving or hit-and-run accidents are two common situations in which punitive damages may be awarded, although such awards are generally rare.
Should I Hire A California Car Wreck Lawyer After A Car Accident?
Many people involved in car accidents where the negligence of another party is clear believe they can save themselves attorney fees by negotiating their own settlements. Keep in mind that an Insurance Research Council (IRC) study entitled “Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims” showed that injured victims who hired attorneys received 40% more in settlements with insurance companies than those who represented themselves.
You will be taking an extraordinary risk by attempting to negotiate a settlement on your own because not only is the insurer much more likely to offer you a lower settlement offer than you will get by having legal representation, but the insurance company can also try to engage in various tricks designed to get you to make damaging statements that lessen your ultimate payout. You should never agree to provide a recorded statement or sign any paperwork that you do not fully understand.
The truth is that you should not think that even your own insurance company will treat you fairly and provide compensation. Many people who accept the first settlement offer they receive later discover that the amount will not be sufficient to cover all their future bills. They are then powerless to obtain any more compensation because their cases are now closed.
Insurance companies are always looking for reasons to deny your claim completely so they can avoid paying you anything at all. When liability seems unavoidable, they will be quick to try to get you on the phone to speak with you about your crash before you have even had the chance to call a lawyer, because they want to try to get you to say things that will harm your case unknowingly.
You will want to have a car wreck attorney in California handling all phone calls from insurance companies because they will know how to speak to these parties professionally and in a way that limits your own liability. You can rest easier knowing that your legal counsel will handle negotiations with insurers on your behalf, so you don’t have to take any action. Many insurance companies will attempt to contact you immediately and act sympathetically, while expressing a seeming desire to ensure you are taken care of.
All insurance companies maintain obligations to their bottom lines first and foremost, which means that taking care of injured victims is simply not as important. You are not as likely as an attorney to fully understand what kinds of future costs you are going to incur because of your crash, so you will want to have a lawyer who really understands the extent of your injuries.
Our client was stopped at a two-way stop sign before proceeding into an intersection where he was struck by a police cruiser traveling 70 mph, resulting in serious injuries.– ARASH KHORSANDI
Information You Should Prepare For Your Consultation With A California Car Wreck Lawyer
When you are preparing to meet with an attorney to discuss your car accident case, you can help them better understand what you are dealing with by having certain kinds of information available. Some of the information you should have includes:
- The date of your car wreck.
- The location of your crash.
- A case number from the police officers investigating your collision.
- Any information about the identity of the negligent driver.
- Any photographs you have of your vehicle or other vehicles involved in the wreck.
- A summary of your injuries in the car accident.
- A record of your medical treatment for your injuries.
- Information relating to your automobile insurance policy.
- Any discussions you have had with an insurance adjuster.
As the California Department of Motor Vehicles (DMV) notes, state law requires people to report traffic accidents on California streets, highways, or private property to the DMV within 10 days in cases of injury, death, or property damage exceeding $1,000. A driver must file an SR-1 form regardless of fault.
How Much Is My Car Accident Claim Worth?
A personal injury lawyer cannot guarantee any specific amount that you will recover for your car accident because several factors can adversely impact settlement negotiations. You should know that various aspects of your own case, however, can affect the amount of compensation you can recover.
- The cost of all your medical bills.
- Expenses related to your future medical treatments.
- The amount of income you have lost or will lose because of your injuries.
- How your injuries affect your future earning capacity.
- Whether you will need any home modifications to accommodate your injury.
- The cost of repairs to your motor vehicle.
- Whether your injury has caused a permanent disability, disfigurement, or the loss of a bodily function.
Understanding The Role Of A Car Wreck Lawyer In Handling A California Car Crash Case
The most important thing that an attorney is going to do for you in handling your car accident case is to commence an independent investigation into the crash immediately. This part is important because the lawyer will gather evidence and examine how it may reveal the other driver’s role in the crash.
An attorney is also going to negotiate a possible settlement for your case. Most insurance companies prefer to settle cases because it can be very costly for them to go to trial. When an appropriate settlement is not possible, a lawyer will also know how to file a lawsuit and move the case toward a trial.
The insurance company handling your case may be quick to tell you that you will not need a lawyer. The truth is, a lawyer can explain what compensation may apply to your case and help you build a claim that supports your recovery.
How You Should Choose A Car Wreck Lawyer In California
As you are considering possible attorneys to handle your car accident case, there are several important considerations you will want to keep in mind. Not all lawyers are necessarily the same, so you want to find the right one for your case.
Some of the factors you will want to keep in mind are:
- The types of cases that the attorney handles.
- The attorney’s fees and billing policy.
- Their percentage of success in car accident cases.
- The lawyer’s education and previous experience.
- Whether an attorney has experience working for insurance companies.
- The lawyers’ reputation among their previous clients.
- The attorney’s reputation among lawyers and judges.
- Any possible disciplinary history (view the discipline history on the State Bar of California website).
A good attorney should clearly articulate to you what your options will be and how they can achieve a favorable outcome based on the facts of your case. You will want to have a lawyer who can pursue a fair settlement to cover your injuries and other losses. Our lawyers are prepared to take your case to trial when the other party and their insurance company are unwilling to provide a just settlement.
Call Us Today To Speak With A California Car Wreck Attorney
If you suffer injuries or your loved one dies in a car accident in California, do not try to handle your personal injury case on your own. Get in touch with the attorneys at Arash Law. Call (888) 488-1391 or contact us online to schedule a case review with our California dangerous road conditions attorney.
