Oakland Accident Lawyers
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Our Oakland Accident Lawyers Are Protecting Your Interests With Integrity
A head-on crash, slip-and-fall, animal attack, or construction accident can have life-altering consequences for victims and their families. If you or a loved one suffers from injuries due to an accident, Arash Law can help you file a claim. Call us at (888) 488-1391 for a free, no-obligation consultation. Our dedicated Oakland accident lawyers will review your case and advise you on what to do next.
As the East Bay’s cultural and economic hub, Oakland is home to renowned institutions, companies, and corporate headquarters, including Bay Area Rapid Transit (BART) and Kaiser Permanente. This vibrant city also has many exciting attractions for tourists and locals, such as the Chabot Space and Science Center, Oakland Museum of California, Morcom Rose Garden, and Children’s Fairyland.
With so many things to do in Oakland, it’s no wonder that countless people visit the city each year. Unfortunately, tourism also increases the risk of accidents. Someone’s carelessness could easily lead to fatal consequences.
If you sustain an injury due to someone’s negligence, you can get legal assistance from our Oakland law firm, no matter if you’re a resident, visitor, or undocumented person. Our lawyers will help connect you with doctors and provide clear guidance through the legal process. We can help you build a case that reflects the extent of your losses and assist you in pursuing compensation for them.
Settlement in a motor vehicle accident where a client was rear-ended on the freeway after his vehicle broke down; client suffered spinal injuries– JUDD ROSS ALLEN
How Our Accident Lawyers In Oakland Can Help With Your Claim
Our Oakland accident lawyers can discuss your legal options if you sustain an injury or a loved one dies due to someone’s irresponsible actions. We will also answer any questions you may have about your accident.
Furthermore, our experienced attorneys will:
- Evaluate and investigate your case thoroughly.
- Connect you with doctors for the proper treatment of your injuries.
- Explain your legal rights as an injured victim.
- Gather all essential evidence, from photos and videos of the accident site to surveillance footage.
- Negotiate with defendants and insurance companies on your behalf.
- Guide you through the legal process.
- Represent you in court if needed.
Common Cases Handled By Our Oakland Accident Lawyers
Our lawyers handle many car accident cases, but we are also experienced in other types of traffic accidents. Apart from these, we also work with victims of premises liability accidents, food delivery accidents, product liability accidents, and other personal injury claims.
Here are our most common practice areas:
Car Accidents
Various car accidents happen in the city of Oakland, including rear-end, head-on, backing, and rollover collisions. Our Oakland personal injury lawyers can help you identify the responsible parties in a car accident and seek fair compensation for the losses you suffered. We can also help you with claims involving uninsured and underinsured motorists.
Rideshare Accidents
Uber and Lyft drivers are classified as independent contractors rather than employees. As such, pursuing compensation against their companies can be complex. Our lawyers who handle rideshare accident cases are familiar with the laws that apply to these situations and can guide clients through the claims process.
Truck Accidents
Truck accident victims may suffer serious injuries due to the size and weight of these road giants. In these cases, it’s the occupants of smaller vehicles that are more severely affected. If a tractor-trailer has injured you, our truck accident lawyers can assist you in taking the next legal steps.
Motorcycle Accidents
From side-swipes and T-bone collisions to left-turn and rear-end collisions, motorcycle accidents can occur at any moment. Our motorcycle accident attorneys in Oakland possess the resources and experience to help victims pursue compensation from negligent drivers.
Bicycle Accidents
Oakland’s Bay Trail in Jack London Square accommodates outdoor enthusiasts, especially bicyclists. Unfortunately, cyclists are more vulnerable than drivers when traffic accidents occur. Our bicycle accident lawyers in Oakland can help demonstrate the at-fault driver’s negligence in these cases.
Pedestrian Accidents
Motorists are not the only ones vulnerable to traffic accidents. Other road users, especially pedestrians, are more at risk due to their lack of protective gear. If you’re a pedestrian injured due to somebody’s carelessness, you can pursue a personal injury claim with the help of a pedestrian accident lawyer.
Premises Liability Accidents
In a premises liability claim, an injured victim holds the negligent property owner accountable for injuries and losses. Common premises liability claims include the following:
- Slip-and-fall accidents
- Dog bite accidents
- Escalator and elevator accidents
- Amusement park accidents
- Construction and other workplace accidents
Food Delivery Accidents
Millions of people rely on food delivery services such as Postmates, DoorDash, or Uber Eats on a daily basis. With the pressure of meeting demands and completing as many orders as possible, food delivery drivers tend to speed or fail to yield, leading to accidents. Our food delivery accident lawyers in Oakland can help you file a claim against negligent riders or couriers.
Product Liability Accidents
Users and customers can suffer injuries from products, even when they use them as the manufacturer intended. Negligent or not, companies like Walmart can be held liable for selling defective or subpar products under strict liability laws. Our Oakland product liability attorneys will help you pursue accountability and compensation from retail giants and other big companies making or selling unsafe products.
Common Injuries Suffered By Accident Victims
Various types of injuries can occur in an accident, from minor scrapes and wounds to severe fractures leading to nerve damage and paralysis. The severity of injuries often depends on the strength of the impact, the victim’s physical condition, and their positioning during and after the accident.
Here are the most commonly reported injuries after an accident in California:
Head And Brain Injuries
Blunt force to the head can lead to a traumatic brain injury (TBI). Different types of head and brain injuries include skull fractures, concussions, epidural hematomas, and acute subdural hematomas. Falls and motor vehicle accidents are typical causes of head injuries in the U.S.
Back And Spine Injuries
Damage to the thoracic spine, which includes the upper back, can be fatal. Common back injuries include back sprains and strains, fractured vertebrae, and herniated discs.
Victims with a damaged lumbar spine typically suffer pain, swelling, and limited movement. Furthermore, severe spinal cord injuries can lead to paralysis or permanent disability.
Soft-Tissue Injuries
These injuries involve the muscles, tendons, and ligaments. Common soft-tissue injuries include sprains, strains, contusions, and tendonitis. Sprains result from overly stretched or torn ligaments, whereas strains occur due to overextended or torn muscles or tendons.
Whiplash
This neck injury occurs due to abrupt back-and-forth motions of the head. Whiplash is a typical injury in rear-end vehicle crashes. It may be considered minor, but a whiplash injury left untreated can cause permanent nerve damage.
Fractures (Broken Bones)
Any accident involving a force strong enough to snap a bone can lead to fractures. In stable fractures, two broken bones are only a little out of place. On the other hand, open, compound fractures have bones protruding from the body. This increases the risk of an infection and could eventually lead to amputation.
Suffering serious injuries after an accident is a stressful experience. Our experienced Oakland accident attorneys can help you pursue just compensation for your losses.
Types Of Damages In Accident Cases
Damages refer to the money an injury victim can seek from the responsible party. Economic damages compensate the victim for quantifiable losses. Non-economic damages are subjective losses that are harder to calculate.
These compensatory damages include:
- Medical bills (past, ongoing, and future expenses related to the treatment of your injuries).
- Property damage (car repairs or replacement).
- Lost wages.
- Loss of earning capacity.
- Emotional distress.
- Loss of consortium.
- Loss of enjoyment of life.
- Pain and suffering.
There are also cases where extreme recklessness, malice, or fraud caused the injury. Although rare, the court may award punitive damages to punish the wrongdoer and deter others from behaving similarly.
Negligence Law In California
In California, pure comparative negligence law applies. This means an injured individual who’s partly at fault for an accident may still file a claim for damages. The court will identify the percentage of fault and reduce the amount of compensation accordingly.
Let’s say an injured driver points to a motorist’s speeding as the primary cause of the accident. However, the court found proof that the driver didn’t obey the right-of-way. As such, it was decided that the injured victim was 30% at fault. If the awarded amount is $100,000, the victim will only receive $70,000 upon deducting their percentage of liability.
Comparative negligence can be tricky. Our knowledgeable accident attorneys in Oakland will collect enough evidence to establish the other party’s fault and work to pursue just compensation for your injuries and other losses.
Establishing Negligence Of Liable Parties
The following elements must be present when filing a personal injury claim:
- The liable party failed to uphold a duty of care in keeping others safe.
- A particular form of negligence led to the accident that caused the victim’s injuries and losses.
Consider this example of a car accident claim:
An at-fault driver was driving while distracted or intoxicated. Their negligence resulted in a collision that injured another driver. The victim suffers legal damages, including medical expenses, lost income capacity, vehicle damage, emotional distress, and psychological suffering.
Because of these losses, the injured victim files an accident claim to pursue fair compensation. In the process, they discover that obtaining sufficient evidence is more challenging than they expected.
True enough, seeking compensation for damages can be stressful. Our Oakland accident attorneys can advocate for a fair settlement on your behalf.
Proving Liability In An Accident Case
Proving the defendant’s negligence is critical to your accident case. Our Oakland accident lawyers, who handle car, truck, motorcycle, and other accident cases, typically collect the following evidence to build a solid case:
- Your version of the accident.
- Relevant photos, videos, dash cam footage, and surveillance footage to support your claim.
- Physical evidence obtained at the accident scene.
- Accident report and police report.
- Eyewitness testimony.
- Expert testimonies and opinions from qualified professionals.
- Accident recreation models.
Injuries can be debilitating, especially in life-threatening accidents. Some victims require ongoing, long-term aftercare. To prove the severity of your injuries, our experienced attorneys will acquire the following evidence:
- Your account of the physical, mental, and emotional pain and suffering you’ve endured since the accident.
- Relevant medical records.
- The doctor’s testimony to elaborate on your medical condition and recovery progress.
- Testimony from your family and friends to establish the life-altering effects of the accident.
- Income statements and employment records to prove temporary or permanent loss of earning capacity.
Dos And Don’ts After An Accident
When someone’s negligence causes injuries and losses, the at-fault party’s insurance company may give you a lump-sum offer that may seem enticing at first. However, this initial offer may fail to account for your ongoing and anticipated expenses. Aside from that, insurers may raise defenses to challenge the extent of their responsibility.
Here are some tips to help you seek fair compensation as your case develops:
Don’t Delay Getting Medical Care
Doing so may lead the insurance adjusters to believe that your injuries are not severe. Also, delaying medical care could worsen your health condition if the symptoms of your injuries are not immediately apparent. Follow your doctor’s instructions properly to avoid medical complications.
Do Keep A Journal
Log all your doctor’s appointments and therapy sessions. Record your experiences by jotting down details about your overall health condition and other daily experiences, especially difficulties, to further strengthen your claim.
Get Legal Help Right Away
Consulting with accident attorneys in Oakland can be beneficial in navigating the complexities of the legal process. They can help you gather evidence early on before it becomes unavailable and build a well-documented case.
Don’t Make Unnecessary Statements
You may decline if an insurance representative requests a statement. Additionally, be sure to avoid accepting any settlement offer without consulting your lawyer first.
Insurance adjusters want to reduce the damages their clients pay. Let your attorney talk to the insurance company and answer all questions on your behalf.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
How Long Do I Have To File An Accident Claim?
California’s statute of limitations varies depending on the facts of a case. Generally, personal injury victims have two years from the accident date to take legal action against the negligent party. The same applies to wrongful death claims.
However, there are cases where the symptoms of an injury appear later. In such instances, the limit starts on the day the victim discovers the injury, provided that they could not have reasonably found out about it earlier.
Another exception is when the victim is a minor. In this case, the time limit starts only when the minor turns 18.
Our Oakland accident lawyers can help you navigate the statute of limitations and its exceptions. We can file all the required paperwork and comply with all deadlines for your claim.
How Often Accidents Happen In Oakland, CA
According to city records, more than 30 traffic accident fatalities occurred in Oakland in 2023. The primary causes of traffic-related fatalities were dangerous driver behaviors, such as speeding and red-light running.
The California Office of Traffic Safety (OTS) analyzed data from 14 other cities of similar size to Oakland. From 2017 to 2021, Oakland has consistently ranked in the top 10 with the highest number of total fatal and injury crashes.
A 2023 study revealed that Interstate 80 between Exit 14A (Richmond) and Exit 8A (Oakland) is one of the deadliest and most dangerous roads in California. A total of 17 fatalities occurred on this stretch of road during the years analyzed. The study also revealed that Interstate 880, which runs from San Jose to Oakland, is the deadliest stretch of road in Alameda County.
Crash statistics from the National Highway Traffic Safety Administration (NHTSA) revealed that there were over 6 million police-reported traffic crashes across the United States in 2021. Deaths from motor vehicle traffic crashes also increased by 10%, from 39,007 fatalities in 2020 to 42,939 fatalities in 2021.
The U.S. Department of Transportation responded to this crisis by creating the National Roadway Safety Strategy to help reverse the devastating increase in traffic deaths.
The Oakland Department of Transportation (OakDOT) implemented Safe Oakland Streets as a citywide initiative to reduce severe accidents and deaths on Oakland’s streets.
FAQs About Oakland Accident Cases
How Much Do Accident Attorneys Charge In California?
In California, there isn’t a standard fee for accident attorneys. The costs vary depending on the specific attorney, the complexity of your case, and the fee arrangement chosen. It’s advisable to discuss fees and expenses during your initial consultation so you can understand what might apply to your specific situation.
Contingency fee agreements are common among accident lawyers in Oakland, including Arash Law. This means that attorney fees are only collected if you obtain compensation. However, clients may still be responsible for certain costs, such as court filing fees or expert witness expenses.
What Is The Average Value Of An Accident Claim In California?
The average value of an accident claim in California can vary significantly depending on several factors, including the nature and severity of the injuries, the extent of property damage, medical expenses, lost wages, and the specifics of the case.
Our Oakland accident lawyers can help you estimate the potential value of your claim. They will review the circumstances of your case and determine the types of damages applicable. In some situations, they may also collaborate with medical or financial experts to help demonstrate the connection between your injuries and the accident, as well as to assess the potential costs of treatment and future care.
How Much Is A Whiplash Claim Worth In California?
The value of a whiplash claim in California depends on several factors, including the severity of the injury, the length of medical treatment, and the impact on a person’s ability to work or carry out daily activities. Because every case is different, compensation can vary significantly based on the specific circumstances.
Our Oakland accident lawyer can explain how damages are typically evaluated in whiplash cases and guide you through the claims process.
How Do Lawyers Negotiate Settlements?
An accident lawyer in Oakland strives to pursue fair compensation on your behalf by presenting the facts of your case, including the following:
- The defendant’s liability and degree of negligence.
- The nature and severity of the victim’s injuries.
- Circumstances of the accident.
- Total damages.
- Insurance policy limits.
- The strength of the evidence.
Our lawyers have experience handling negotiations with insurers on behalf of their clients. We will take the case to court if needed, particularly if we can’t reach an agreement with the at-fault party and their insurer.
Consult With Our Accident Lawyers In Oakland For Legal Help
Navigating the legal steps after an accident can be challenging. Our accident lawyers in Oakland can handle the legal matters while you focus on your recovery.
Arash Law, led by Arash Khorsandi, Esq., is dedicated to helping you reach a resolution for your case. Our legal team will work diligently to pursue the appropriate compensation for your injuries, lost wages, and other losses. From gathering evidence to representing you in court when necessary, we will use our resources and experience to advocate for your rights.
Call us at (888) 488-1391 or complete our “Do I Have A Case?” form for a free case review.
Our legal services are available throughout Oakland and its surrounding areas, including Alameda, Piedmont, Berkeley, Albany, Orinda, Moraga, San Leandro, San Francisco, Richmond, Lafayette, Tiburon, Ashland, San Pablo, San Lorenzo, and El Sobrante.