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Despite being a cautious driver, you might find yourself in a sudden car accident. There is always a possibility that other drivers on the road may not have the same level of caution, which can ultimately result in a collision. If you find yourself in a car accident, you might ask — How can I pay for the medical expenses? Should I get a lawyer for a car accident that wasn’t my fault?
Both of these questions have the same, simple bottom-line solution: When you get a lawyer for a car accident that another person caused, you can get payment for your medical expenses and more.
According to the National Highway Traffic Safety Administration (NHTSA), an average of 114 fatal car accidents happen daily. For car crash victims, these concerns require immediate solutions. Seeking guidance from car collision lawyers following an accident is a good decision because:
- You deserve fair treatment. Even when you are the victim, there is no guarantee the other involved party’s insurance company will give you the compensation you deserve. Unfortunately, insurance companies may try to suggest lowball offers and discredit your car accident claims.
- Our attorneys offer complimentary assessments for car accident cases.
- Car accident cases require no upfront costs, as our lawyers operate on a contingency fee basis.
Let’s face it – A car collision is stressful for anyone. As you are recovering from injuries, you might not have the emotional stamina to argue about your claims. Remember, you do not have to do this yourself. Consult a good lawyer for car accidents if you need help with your case.
How Getting A Lawyer For A Car Accident Can Help
Injuries and emotional distress are more than an average person could handle. Combine these with the need to file a personal injury claim – it may be too much for recovering victims. At this time, a skilled attorney is helpful, and their primary role is to advocate for the rights and interests of clients harmed in traffic accidents, whether they are drivers, passengers, bicyclists, motorcyclists, or pedestrians. Here are some ways an accident lawyer can assist you:
Consultation
Attorneys start by offering a free legal consultation to understand the details of the accident fully. They evaluate factors such as the extent of injuries, property damage, and liability to determine the potential strength of a case.
Investigation
Accident attorneys collect evidence, review police and medical reports, and interview witnesses. They have the expertise and resources to assess the accident scene to determine liability accurately and thoroughly.
Here are some of the typical elements of traffic accident cases that our attorneys assess:
- Severe injuries or fatalities from the accident
- Consequences of injuries lead to the victim’s absence from work for a considerable time
- Insurance policies that do not cover much of the expenses
- If multiple parties were involved in the car accident
- If a negligent or reckless driver caused the crash
- If an uninsured driver caused the collision
Legal Expertise
Comprehending the details of personal injury law and insurance policies can be a challenge for an average person. However, a lawyer can help you understand the legal process, tell you about your rights, and ensure your interests are taken care of.
Negotiations And Settlements
Attorneys are good communicators and skilled negotiators. They can talk with the insurance companies on your behalf to get you fair compensation for your injuries and damages. So you do not have to worry about talking to the insurance adjusters.
Filing Claims
Accident lawyers compile and submit personal injury claims to the responsible driver’s insurance company. They ensure all required documents are accurately filed within the specified timeframes.
Advocate For Maximum Compensation
A car accident attorney determines the compensation necessary to address both current and future expenses resulting from the accident. Experienced lawyers evaluate the complete scope of the damages and losses. They collaborate with medical experts and other professionals to assess financial consequences, medical expenses, and lost wages. In addition, non-economic factors, like pain and suffering, emotional distress, and loss of enjoyment of life, are taken into account when determining the maximum compensation.
Legal Proceedings
In cases where all parties involved cannot agree on a settlement, your accident attorney can take the case to court on your behalf. Attorneys put together a strong argument, present evidence, and advocate for your rights, making it more likely to get you the right amount of money you deserve.
Common Types Of Car Accidents
Rear-End Collisions
The accident typically occurs when a driver fails to stop in time, hitting the vehicle in front. The severity of rear-end collisions can vary widely, ranging from minor fender benders with minimal damage to more severe accidents with injuries, depending on the impact speed.
Intersection Accidents
Intersection car collisions often stem from a driver’s failure to stop, running signals, or disregarding right-of-way at intersections. The severity of intersection accidents can be significant, especially if vehicles involved are traveling at higher speeds, leading to T-bone car accidents that may cause serious injuries.
Parking Lot Accidents
Car accidents in a parking lot typically result in minor to moderate vehicle damage, but injuries may still occur, especially in crowded parking lots. It commonly happens when drivers back out without checking, fail to observe right-of-way rules or maneuver improperly in confined spaces.
Sideswipe Accidents
Sideswipe accidents happen when the sides of two parallel-moving vehicles make contact, often during lane changes. The severity of these accidents can range from minor scrapes to more serious incidents, particularly if drivers lose control of their vehicles during the collision.
Distracted Driving Accidents
Accidents caused by distracted driving result from texting, eating, adjusting the radio, or looking at the GPS while behind the wheel. Distracted driving accidents vary but can be significant due to a lack of attention, resulting in severe consequences.
Drunk Driving Accidents
Driving under the influence of alcohol or drugs impairs judgment and coordination, making drunk drivers a significant concern for road safety.
The Most Common Reason For Traffic Fatalities In California
Speeding
All drivers must comply with posted speed limits to ensure a safe flow of traffic. According to California Office Traffic Safety (OTS) and the Safe Transportation Research and Education Center (SafeTREC), speeding and aggressive driving were the most significant safety concerns for California drivers.
Impaired Driving
According to NHTSA, one person dies in a drunk-driving crash every 39 minutes in the United States in 2021. About 31% of all traffic car accident fatalities in the United States involve drunk drivers, with a blood alcohol content (BAC) of 0.08 or higher. Driving under the influence of alcohol, drugs, or even prescription medication can significantly hinder one’s ability to drive safely. It often results in heightened risk-taking behaviors and compromised decision-making, such as speeding, maneuvering recklessly, and neglecting seatbelts.
Distracted Driving
In 2021, 96 individuals lost their lives in texting and driving accidents. According to the Centers for Disease Control (CDC), nine people succumb to distracted driving accidents every day in the United States. Even a momentary distraction while driving can have tragic consequences. Distractions on the road are categorized into three types:
- Visual distractions – Divert your gaze away from the road.
- Manual distractions – Require you to remove a hand from the steering wheel.
- Cognitive distractions – Anything that causes a lapse in focus on the task of driving.
Distractions while driving include texting, daydreaming, eating, talking to passengers, changing the music, or looking at the GPS. Regrettably, these accidents are entirely preventable.
Aggressive Driving
Aggressive driving may include a range of risky behaviors, such as speeding, making sudden and unsignaled lane changes, weaving through traffic, disregarding the right-of-way, and ignoring traffic signs and signals. Aggressively driving has the potential to result in either a single-vehicle accident or a collision with another driver.
Drowsy Driving
Drivers experiencing fatigue are three times more likely to be involved in a collision, as driving while tired can lead to behaviors similar to impairment. For instance, tired drivers may fall asleep at the wheel, unintentionally drift into another lane of traffic, tailgate a vehicle too closely, or potentially run a stop sign or red light. These effects make drowsy driving a frequent cause of horrific accidents and fatalities.
Road Conditions
Hazardous road conditions frequently amplify fatal collisions. Wet roads and inclement weather in California also contribute to car wrecks. For instance, when a driver fails to adjust their speed or increase the following distance accordingly during a rainy day, this can cause irreparable damages and injuries for them and their victim(s) should an accident happen because of their careless driving.
Things To Do After An Accident That Wasn’t Your Fault
Car accidents can occur in various ways, and establishing fault can be challenging in some instances. If you have been in a car collision that wasn’t your fault, there are several essential steps to take:
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- Ensure safety – Check for injuries to yourself and your passengers. If possible, move the vehicle to the side of the road to avoid further accidents. Immediately dial 911 to report the accident and request medical assistance.
- Exchange information – Obtain information from the other driver, including name, contact details, vehicle details, and insurance information. If there are witnesses, ask for their contact information.
- Document the scene – Take photos of the accident scene, including damage to vehicles, street signs, and any relevant road conditions. Note the date, time, and location of the accident.
- Do not admit fault – Avoid admitting fault or making statements that could be taken as accepting responsibility.
- Get the police report – Involve law enforcement and obtain a copy of the police report.
- Seek medical attention – Some injuries may not show symptoms immediately. Even if your injuries seem minor, it is crucial to seek medical attention promptly.
- Notify your insurance company – Report the accident to your insurance company as soon as possible. Provide them with accurate and detailed information about the accident.
- Preserve evidence – Keep copies of all documentation, including medical records, repair estimates, and the police report. If there were witnesses, ensure you have their contact information.
- Consult with a car accident lawyer – If you have concerns about liability, damages, or the insurance claims process, consult with a personal injury attorney.
It is essential to act responsibly and calmly after an accident. Seeking professional advice and assistance, such as consulting with an injury attorney, can help you receive maximum compensation.
Driver Insurance Requirements In California
Every California driver is mandated to have auto insurance coverage meeting the state’s minimum requirements:
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- Bodily injury liability coverage for a single person in a single accident provides a minimum of $15,000 to compensate a single victim for medical expenses.
- Bodily injury liability coverage for the entire accident, with a minimum of $30,000, is available to all individuals injured in a single accident caused by the policyholder.
- Property damage liability coverage addressing the injured driver’s vehicle repair costs should provide a minimum of $5,000.
Although not legally required, the California Department of Motor Vehicles (DMV) strongly recommends that drivers also opt for coverage involving accidents with underinsured or uninsured drivers. Given the relatively high rates of uninsured drivers in California, this coverage can prove beneficial if an uninsured driver is responsible for an accident involving your vehicle.
Furthermore, when a driver causes an accident resulting in injury to another driver, the injured party has the right to file an insurance claim against the at-fault driver’s auto insurance policy.
Who Is Financially Responsible For The Costs Of At-Fault Car Accidents?
In an at-fault state like California, the driver who caused the accident is accountable for covering all the costs. More precisely, the insurance of the other driver is legally mandated to cover your expenses.
This might seem simple, but insurance companies are profit-driven and will find ways to minimize your compensation. Even if your injuries are evident and your vehicle suffered significant damage, the insurance company might employ tactics such as asserting you share partial blame for the accident or disputing the extent of your claimed damages.
Getting a lawyer for a car accident that isn’t your fault in these instances becomes extremely helpful. They can confront the insurance company and gather evidence of your damages. Additionally, they can assist in assessing all your expenses, including those that may be more challenging to quantify.
Could A Car Accident Lawyer Help Improve My Health And Well-Being?
Although an attorney does not offer direct medical care, they can enhance your health and well-being. When you consult a personal injury lawyer, they can take charge of the legal aspects of your case, and this allows you to have time to:
- Concentrate on your health and seek medical attention
- Attend medical appointments
- Recover from injuries
Furthermore, some car accident lawyers work closely with medical professionals. They can assist in coordinating doctor’s appointments and overseeing your overall treatment plan.
Frequently Asked Questions
Should I Get A Lawyer For A Minor Car Accident?
Yes, even for a minor accident, getting a good injury lawyer to ensure the car damage and your physical injury are covered is a good idea. Your lawyer will support you throughout the legal process, answering any questions you might have. Moreover, getting an attorney’s help would ensure that insurers will take your claim seriously. This might give you the chance of getting the most favorable outcome for your case.
Should I Get A Lawyer For A Rear-End Car Accident?
If you want to get the most out of your accident case, you should seek help from a lawyer as soon as you’re able to. Collisions from behind can be particularly distressing, as they often occur unexpectedly. Unfortunately, there is little one can do to prevent them, and the only recourse is to hope they never happen. In the case of a rear-end accident, the comforting aspect is that you, as a victim, typically don’t need to bear the legal expenses since it is usually deemed the other driver’s fault.
How Much Compensation Will I Get?
Determining the exact amount of compensation for your claim is only possible with the help of an experienced car accident lawyer. While some may assume certain injuries guarantee a specific amount when you file a claim, the assessment considers factors such as personal suffering, pain, financial impact, and recovery time. Your lawyer will take all of these elements into account when quantifying your personal injury claim.
Do You Have To Report An Accident To The Police If It’s Not Your Fault?
California state law requires the filing of a police report within 24 hours of an accident involving injuries, even if they are minor or if the property damage exceeds $1,000. Filing a report is highly advisable for several reasons:
- Establishes Fault. Determining who is responsible is crucial for your claim. A police report provides an official and detailed record of the accident, assisting in establishing liability. California’s comparative fault law enables recovery proportional to the degree of fault. For instance, if you are found to be 30% at fault, you can only pursue compensation for 70% of your losses.
- Provides Essential Details. The police report contains essential information that you might overlook, especially when you are overwhelmed after the accident. It includes eyewitness accounts, citations issued by the officer, the assessment of the crash, and relevant evidence.
- Serves As Strong Evidence. Police reports can serve as a strong piece of evidence, strengthening your case with thorough information and the unbiased testimony of an officer. When the report supports your account of events, it becomes difficult to dispute, simplifying the negotiation process.
- Creates Documentation. Filing a police report establishes an official record, lending legitimacy to potential legal claims. It also validates any related medical expenses and vehicle damage claims.
- Prevents False Claims. The police report can deter other parties involved from making false, contradictory claims after a crash.
Should I Apologize First, Even If It Wasn’t My Fault?
Even in cases where you are not responsible for the car accident, extending an apology can make receiving compensation more difficult. Defendants may leverage any acknowledgment of fault to decrease the value of your claim.
Why Shouldn’t You Apologize For A Car Accident?
Apologizing following a car accident can be interpreted as an admission of fault, even if unintended. Several insurance companies take any statement implying guilt into consideration when determining who was liable for the accident. A seemingly innocent apology can be manipulated to make you bear complete responsibility for the auto accident.
What To Say And Not To Say After A Car Accident?
Even if you suspect you may be responsible, do not make any statements that could be used against you in the future. Allow the police and insurance company to determine who was at fault. Refrain from expressing that you are fine, uninjured, or “sorry.” Instead, stick to the facts of the accident when asked. Or, better yet, direct the insurance adjusters to speak with your accident lawyers.
Don’t Settle For Less. Consult With Arash Law To Secure The Compensation You Deserve.
You should not bear the physical, emotional, and financial burdens of a car accident that was not your fault. Arash Law, led by Arash Khorsandi, Esq., has car accident attorneys ready to assess your case, build a strong claim, and negotiate a fair settlement with the insurance company. This way, you and your family can focus on recovery and healing without additional worries. For a detailed discussion about your accident, reach out to us for a complimentary consultation at (888) 488-1391.
