In the United States, motor vehicle accidents are the most frequent cause of personal injuries. Nearly 2 million people are injured in motor vehicle crashes annually.
Over 200,000 people are injured each year in California alone. In some cases, the California motor vehicle accident attorney will need to file a lawsuit to get the victim money for their damages. California motor vehicle victims can lose tens of thousands of dollars in:
The driver who caused the accident is liable to the other involved parties for paying their damages, such as those just listed. In California, the fault for a collision depends on which driver negligently caused the accident. Sometimes both drivers can be at fault. Even if this happens, one driver might be able to recover damages from the other driver.
Of course, not every motor vehicle crash in California is caused by the negligence of another driver. Sometimes they can be caused by hazardous road conditions, defective vehicle parts, or even driverless vehicle malfunctions. When accidents like these occur, the manufacturer of the vehicle or its parts or a government agency could be held liable for the victim’s damages.
Sometimes injured individuals need to hire a California motor vehicle accident attorney to get the compensation they need to cover their damages. California is known in part for having some of the nation’s busiest and most-crowded highways. Every day this state’s roads see the likes of:
With so many vehicles sharing the same roads, traffic congestion, gridlock, and (most seriously) car accidents – both deadly accidents and those resulting in severe injuries – will undoubtedly follow.
California car accidents happen more than they should. The Traffic Safety Facts released by the National Highway Traffic Safety Administration (NHTSA) revealed that there were an estimated 6.3 million police-reported crashes last year. These accidents caused the injuries of 2.44 million individuals on roads all across America. Many occurred because of the carelessness and negligence of other drivers. Here are multiple concerning statistics about motor vehicle accidents nationwide:
(Sources: National Traffic Stats, California Traffic Stats)
$3,500,000.00
Settlement in a motor vehicle accident; client suffered internal injuries.– Judd Ross Allen
Any time you are involved in a motor vehicle accident, your first priority should be getting to safety. Get out of the vehicle and find a safe spot on the side of the road that is far away from the flow of traffic. If you cannot leave the car, call 911 and let them know that you are trapped. They will send the proper equipment and responders right away.
Next, you need to take care of your medical needs. Let the emergency medical personnel on the scene evaluate your injuries and follow any of their recommendations. If you choose not to leave the scene in an ambulance, you should still visit an emergency department or an urgent care facility right away.
Even if you think you are not injured at all, it is always important to follow up with your primary care doctor as soon as possible. Some injuries may not start to show symptoms for days or weeks after an accident occurs. Only a qualified medical provider can determine the extent of your injuries. Whether you think you are injured or not, this documentation will be critical evidence in your personal injury claim.
Once you have addressed your medical needs, it is time to address your legal needs. Find an experienced personal injury attorney as soon as possible. Do not make any statements about the accident to the insurance company until you have retained a lawyer. Once the insurance company is notified of your attorney’s contact information, they can no longer contact you regarding the accident, which will protect you from inadvertently saying something that could be detrimental to your personal injury claim.
If your attorney files a lawsuit on your behalf, there is a chance that you might have to come to court. Before trial, there are status conferences to handle scheduling and other administrative matters. You usually will not have to speak at these conferences. If the attorneys disagree on the evidence that can be used at trial, the court might hold a hearing to determine whether the evidence can be admitted.
While this may sound overwhelming, it is essential to understand that very few personal injury cases ever go to trial. The vast majority of car accident cases in the United States settle outside of court. This fact makes it unlikely that you will have to go to court, but if you do, your attorney will thoroughly prepare you for what to expect and what will happen.
The law enforcement officers who respond to the scene have the responsibility to file a police report about the incident. This report is a critical piece of evidence. You usually can not get a police report unless the officers respond to the scene. The officers will take your statement about what happened. (While you should not discuss the accident with the other driver or bystanders on the scene, you should give your statement to the officers to be used in their official police report.)
If you have an auto accident attorney, you will not have to worry about filing a claim. Your attorney will handle the paperwork for you. He or she will also prevent you from saying something to the insurance company that could hurt your claim. If you choose to handle your case without an attorney, you will have to call the insurance company to file your claim.
The insurance company will rarely make a fair settlement offer on the first try. Instead, they will try to lowball you with an offer that does not fully compensate you for your pain and suffering. These methods are why it is crucial to be represented by an experienced car accident lawyer. A lawyer knows how to respond to lowball offers and then prove what the claim is truly worth.
If a fair settlement offer cannot be reached in negotiations, your lawyer might want to file a lawsuit on your behalf. In many cases, the mere fact that a lawsuit was filed is enough incentive to get the insurance company to raise its settlement offer. If not, the parties will engage in the discovery process, which involves investigating the case to find evidence that is then exchanged. Evidence found in discovery can also affect the insurance company’s settlement offer.
Unlike criminal defense or divorce lawyers, who charge an hourly rate, most personal injury lawyers work on contingency. Working on contingency means that they will be paid an agreed-upon percentage of any eventual settlement. If you don’t get paid, the attorney doesn’t get paid. If the attorney must file a lawsuit on your behalf, the work required on your case goes up dramatically. This fact is why most personal injury lawyers often take a higher percentage if a lawsuit is filed on your behalf. There will also be court costs and litigation expenses, so it is important to be clear on who will pay those fees if the case goes to trial.
The key thing to understand is that you can hire a personal injury lawyer with no upfront fees. Some injury victims do not get representation because they are worried about the cost. Not hiring a lawyer can lead to you hurting your claim. You might say something to the insurance company that leads them to believe you were at fault for the accident.
Generally, big cars are considered safer than small cars. There are several important reasons for this. First, in a larger car versus light car crash, physics favors the more massive vehicle. Momentum is a product of mass and velocity.
Of course, large car versus small car safety is a far more complicated issue than which vehicle has more momentum in a collision. A vehicle's safety also considers its ability to withstand a crash, or even help the driver avoid an accident altogether. The driver's experience and comfort with the vehicle's features are also critical components of the safety equation.
When it comes to car accidents in California, it's almost always a good idea to get a personal injury attorney. It is commonly thought that a lawyer is not needed if the accident is minor and does not cause injury. But even a fender bender that seems insignificant can turn into a major headache without a car accident lawyer.
It is estimated that speeding alone led to over 10 thousand fatalities in the United States in 2016. In 2019, 2 million Americans suffered permanent injuries from a car accident. A California personal injury attorney can help you navigate the legal mess that can be an unavoidable outcome of an accident.
Under California law, a car accident case involving speeding would be an easy case to show where negligence is indicated. California is an at-fault state, meaning whoever is at fault in a car accident bears most of the burden of responsibility, if not all of it. If you don't know this, you may try to negotiate your insurance claims. Doing this can quickly become a nightmare.
After an accident, you'll have to deal with the police, your insurance company, maybe someone else's insurance company, and the medical field. Sound daunting? It is! Dealing with these problems is what an experienced accident attorney can do for you. Contact a California personal injury attorney as soon as you can after a car accident.
You could undoubtedly hire an attorney, but not just any attorney will give you the results that you deserve. It's crucial to the success of your claim to hire someone with experience and knowledge. It should not be difficult to talk to them about the specifics of your case. Look for these requirements when hiring a California car accident lawyer near you:
In California, the law allows for what is referred to as the medical emergency defense, also known as the sudden emergency defense. This law is only applicable if the individual has an unforeseen and legitimate medical condition, and all of the following terms have been met:
This means that for the medical emergency defense to be used after an accident, it would need to be proven that the accident was the cause of a sudden health crisis that arose. The driver at fault acted reasonably as anyone else would have done. The driver at fault would have to provide detailed medical evidence that supports their unforeseen medical emergency occurred. Not all states have the same requirements for this law, but a driver that has suffered from a sudden medical emergency will often be burdened by showing proof that the conditions above were met.
While some physical effects of a crash can be visible right away (e.g., bruises, scars, and broken bones), others may not be noticeable immediately after the accident. Sometimes, high levels of shock and adrenaline after a car accident keep us from recognizing injury symptoms and may even mask the pain for hours. That is why it is vital to seek medical attention as soon as possible after a car accident to diagnose and document all of the injuries and physical damages.
In most cases, the aftereffects of a car accident can be divided into two categories:
A severe injury can have long-term emotional effects after an accident. Some of the psychological and emotional effects following a car crash can haunt an injured victim for years or even for the rest of their life. The emotional effects of a car accident include:
The quick answer to this question is yes, and no. California law stipulates that car insurance follows the car, not the driver. If anyone gets into a car accident in your vehicle, your car insurance will be involved. You will be held liable at some point. However, you may not be held entirely responsible, depending on the circumstance.
There are some situations where you won’t have to worry if another driver gets into an accident with your car. However, what you have to worry about may be different in every situation. Here are some examples of kinds of car crashes where your liability decreases:
If you are severely injured on the scene of an accident, it is easy to make the decision to go to the emergency department in an ambulance and get medical care right away. But it is more challenging to know what to do if your injuries don’t appear to be serious. Just because you were able to walk away from a car accident doesn’t mean you were not injured in the crash. It is essential to see a doctor to be sure that you did not suffer any latent injuries.
Beyond the medical concerns, there are also legal reasons to see a doctor as soon as possible. Your ability to be compensated – and the amount of compensation you receive – is determined by automated information about your injuries. While you will likely be in touch with a claims adjuster, most of the real insurance adjusting is done by a computer program that will be fed data about your accident and injuries. One crucial piece of data that could increase your odds of recovering fair compensation is whether you sought medical attention in a “reasonable” amount of time after the accident.
As with medical care, it is important to see a legal professional as soon as possible after an auto accident. Any statement you make on the scene or over the phone to the insurance company can be used to attack your claim. Insurance companies even go through victims’ social media accounts to try to find evidence that will contradict their story, or prove that they are not in as much pain as they say they are. An experienced California personal injury attorney can help you fight these insurance company tactics. The sooner you have a lawyer fighting for you, the better protected you will be.
Of course, you must first tend to your medical needs. See a doctor as soon as possible after an accident. Follow his or her recommendations and get the necessary rest. Then, meet with an auto accident lawyer as soon as you are able. Once the insurance company is notified that you have an attorney, they are not allowed to contact you about the accident. You will not have to deal with harassing phone calls or tedious paperwork.
Let our experienced car accident attorneys handle your legal claim so that you can focus on your recovery. You don’t need to wait until you are done with your medical treatment to meet with a lawyer. Sometimes, medical treatment can take months – or even years. Your legal rights are in jeopardy without a lawyer, so you do not want to wait. Find a lawyer as soon as you are medically stable and able to do so. He or she will help move your case forward while you are finishing your medical treatment.
Preliminary estimates from the National Safety Council show that in 2019, an estimated 38,800 individuals lost their lives to car crashes. Additionally, another 4.4 million estimated individuals were injured severely enough to require medical attention. Many reach out to an experienced California motor vehicle accident lawyer for help recovering financially from their injuries.
While vehicle manufacturers continue to research and use new life-saving features in the new vehicles they make, injuries due to vehicle collisions remain a severe risk to all Americans on the road. Here are a few of the most common car collision injuries that can happen, and what to do if you or someone you love is injured in a car accident.
Whiplash is one of the most common types of spinal related injuries caused by motor vehicle accidents. This injury happens when the force of the accident causes the head to be thrown forward, then backward, or towards the side.
The velocity involved in this movement can cause substantial muscle and ligament strains in the neck and upper back. Most whiplash injuries will heal with time; however, some can cause permanent disability.
The upper and lower back can also suffer soft tissue damage and sometimes even disc herniation and skeletal trauma. With these injuries, recovery can take months or even years. The injured individual may require surgery, physical therapy, and/or long-term pain management.
Among the most costly and challenging car accident injuries to treat are severe spinal injuries. If extensive trauma occurs to the spine, total or partial paralysis or even death can occur. Sometimes spinal cord injuries cannot be completely corrected, or they will not completely heal on their own. These accident victims end up with permanent disabilities. In these cases, the victim won’t be able to work, care for themselves, or participate in everyday activities or hobbies they once enjoyed. Their entire life is turned upside down due to a negligent driver.
In the United States, 17.3 percent of all TBIs (Traumatic Brain Injury) are caused by car accidents. This is an astounding number that should concern all motorists and those they share the road with. TBIs occur when force and quick movements cause the brain to hit the hard surface of the skull. Since the brain isn’t fixed into position in the skull, it can move around when acted upon by another force. Sometimes the force of a car accident is enough to cause damage to the soft tissues of the brain.
When this occurs, the brain can have bruising, swelling, or bleeding. Skull fractures can even occur. Some TBI victims will suffer an immediate loss of consciousness, while others may not have any visible symptoms. TBIs are sometimes challenging to diagnose, and some victims may not have symptoms until much later after the accident.
TBIs require emergency medical care and sometimes extensive hospital regimens and follow up treatment. It’s quite common to need several brain imaging diagnostics such as a CT (Computer Tomography) scan or MRI (Magnetic Resonance Imaging).
Severe neurological injuries can cause significant impairment to the victim’s cognitive functioning. They could require extensive or even lifetime rehabilitation. Recovery from a TBI can be lengthy and expensive. However, a California motor vehicle accident attorney can help you receive compensation for your damages.
Car accidents commonly cause injuries to the upper and lower limbs. Sometimes breaks need emergency care, surgery, and, more often than not, follow-up care. Broken bones can cause many different complications, such as infections. Injured individuals may require physical therapy to recover.
If the break is severe enough, an amputation might be necessary, which will impact the victim’s quality of life as well as their ability to care for themselves and engage in activities they enjoy.
Sprains, strains, or spurs are also common in automobile accidents. While they aren’t usually complex to treat, they can require an extensive period of healing and rehabilitation to repair function in the injured area.
Facial injuries can be minor such as scrapes, cuts, or bruises. They can also be severe and include burns, deep lacerations, bone fractures, and dental/jaw damage. Even minor car accidents can cause significant facial injuries as the soft tissues of the face are especially vulnerable to impact with the vehicle’s interior, debris from the road, broken glass, or personal items.
When facial bones are damaged, significant scarring and cosmetic damage can occur, for example, in the case of a broken jaw. Some people need reconstructive (cosmetic) surgery to restore the normal function and look of the face. Some injuries, like a broken nose, are usually easy to treat. However, other injuries such as a jaw dislocation might require long periods of treatment and rehabilitation in order to make a full recovery.
In some cases, auto accident victims might be entitled to compensation for emotional distress. No matter the extent of physical injuries sustained in a motor vehicle accident, many people will suffer from one or more psychological issues associated with the event. Post-traumatic Stress Disorder
(PTSD) is a common disorder often requiring treatment by a mental health professional. PTSD can cause severe distress, which can be short-lived or require many years of treatment to return to normal thought processes. Other psychological problems resulting from a car accident due to the trauma of the event or the subsequent recovery include:
Psychological injuries can be difficult to treat and recover from. Those impacted might need therapy from a licensed mental or medical professional, medication, and lengthy rehabilitation to return to their normal or previous mental and emotional state. These victims can work with a California motor vehicle accident lawyer to receive compensation for these types of damages.
Many types of accidents result in severe injuries for everyone involved. Here are the most common types of accidents that cause severe injury or death. These are some of the cases that a seasoned California motor vehicle accident attorney can assist with.
Rear-End Accidents — These accidents happen when a rear driver crashes into the car in front of them. Rear-end collisions can be minor, but they can also be extremely severe. Their severity typically depends on several factors but mainly on how fast the rear car was traveling when it hit the front driver.
Typically, in rear-end accidents, the rear drier is at-fault. Perhaps they were following too closely, speeding or distracted. However, there are some circumstances that would make the front driver the liable one. For example, if that driver was reversing when the accident occurred.
T-Bone Accidents — Sometimes called side-impact collisions, T-bone accidents happen when a car is hit on the side by the front or rear of another motor vehicle. As a broadside collision, these accidents often cause severe injuries for each car involved.
Sideswipe Collisions — Sideswipe collisions occur when the side of one car collides with the side of another, usually while both vehicles are moving in the same direction. Drivers who fail to check their blind spots before changing lanes or drivers in parked cars that are moving into traffic commonly cause these accidents. These drivers fail to ensure that the lane they are moving into is clear of traffic. At low speeds, these types of collisions can result in cosmetic property damage. However, when a sideswipe accident happens at high speeds, there can be severe injuries.
Head-on Collisions — When two vehicles collide directly with each other while traveling in opposite directions, it is known as a head-on collision. Even at slow speeds, these accidents can cause severe injuries and even death.
Single Vehicle Crashes — When only one vehicle is involved in an accident, it is known as a single-vehicle accident. Even though there aren’t other vehicles involved, the single-vehicle can hit a stationary object like a tree or a light pole. The driver could be intoxicated or fatigued. A single-vehicle accident can also be caused due to unsafe road conditions or poor weather.
Rollover Accidents — When a vehicle overturns as a result of a collision or a departure from the roadway, a rollover accident occurs. Rollover accidents are usually severe and often lead to severe injuries and fatalities.
Hit and Run Accidents — Whenever a driver hits another driver, pedestrian, motorcyclist, or bicyclist and leaves the scene of the accident without stopping, a hit and run accident has happened. Drivers are legally required to stop at the scene of an accident and provide contact information. If they don’t, it is a crime within itself. For victims of these accidents, legal representation from a skilled California motor vehicle accident lawyer is essential. Otherwise, they may not receive the compensation available to them.
Being involved in a car accident is a shocking and frightening experience. You may be so stunned that you may not know what to do. At the scene of the accident, if possible:
The emotional stress of an accident and the accompanying adrenaline rush make it far too easy to get caught-up describing details of your accident to whoever is around and willing to listen. Although you should always cooperate with law enforcement, you should keep your details as objective as you can. Anything you say could be misunderstood, twisted, or taken out of context to be used in a way that may make you more at fault than you really were.
Establishing fault and liability is essential to any car accident. Don’t point fingers or accuse the other party of fault, even if you are confident that you aren’t the liable party. Leave that aspect of the case for your California motor vehicle accident lawyer and the authorities to take care of. It’s one less thing that you need to worry about during this difficult time.
When you hire a California motor vehicle accident attorney, they will assess the circumstances of your accident from all angles. They will determine who is liable and what insurance policies there might be to draw from so that you can receive full and fair compensation for your damages.
If you need reliable legal representation after a motor vehicle accident, our skilled California motor vehicle accident attorneys are here. We have two decades of experience serving clients all over California, including those in San Francisco, Riverside, San Jose, San Diego, Sacramento, and Sherman Oaks. To date, our personal injury clients have received $500 million in compensation for their damages with the help of our dedicated legal professionals.
Don’t wait to seek the help you need after a motor vehicle accident. Call Arash Law today at (888) 488-1391 or complete our easy online intake form to receive your free car accident case evaluation from Arash Khorsandi and his team of experienced motor vehicle accident lawyer in California.
Whether a motorcycle crash led to your own severe injuries and disability or the death of a family member, contact us. Call (888) 488-1391 to schedule your free consultation anywhere in California. Our offices are conveniently located in Los Angeles, San Diego, San Francisco & Riverside, plus also serve the Irvine, Orange County, Fresno and Sacramento areas just to name a few.
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