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Car accidents can definitely throw a wrench in the works, and they’re not something anyone can predict either. In fact, you can take all the precautions you think will keep you safe and still be caught in a mishap. You start your early daily commute by being a responsible driver; you put away your phone while driving, obey the speed limits, use signals properly, and follow all the safe driving practices they teach in driver’s ed courses.
Then, you cross an intersection ”safely,” yielding to oncoming traffic, checking blind spots, and moving forward at a safe speed. Out of the blue, some reckless driver comes careening down the street, running the red light because they’re late for work after a night of partying at the iconic Tiki-Ti. They T-bone your car, causing the airbags to deploy. You sustain a skull fracture and two broken ribs, one of which punctures a lung.
Your regular drive to work turns into a terrifying nightmare that comes with serious physical injuries, emotional damage, and daunting medical bills. It’s one of those situations where loved ones and well-wishers would have a lot to say about what to do. The one piece of advice that you should take to heart is — hire a ruthless lawyer.
What’s The Most Important Advice You Need To Hear After A Car Accident?
A car accident can profoundly disrupt your life. It can cause lasting repercussions beyond the collision’s immediate aftermath. Think medical bills, lost wages, car repairs, and unimaginable emotional trauma. For example, life-changing traumatic brain injuries or TBIs can seriously affect relationships.
The period after an auto accident can get extremely challenging, and the wisest decision you can make is to hire a car accident lawyer. An attorney can protect your rights and interests as you navigate the labyrinth of doctors, hospitals, law enforcement, and insurance companies.
Here are some of the things a car accident lawyer does:
Provide Expert Guidance And Support
A car accident lawyer’s expertise is your biggest advantage. They bring knowledge, experience, and proven legal strategies to the table. They will analyze your case, assess its strength, and guide you through the process.
Their legal guidance can help you avoid costly mistakes. After your accident, you need to make a claim with the responsible driver’s insurance provider. While this entity has the answer to your financial dilemma, it is not your friend. Insurance companies are notorious for using confusing language and dirty tactics to trick claimants into accepting lowball settlements. Lawyers representing car accident victims are well-acquainted with these strategies. A good lawyer will fight tooth and nail, so your claim is not undervalued and will safeguard your rights and maximize your compensation.
Investigate The Accident
Lawyers specializing in car accidents can gather evidence, such as police reports, witness statements, and medical records, to build a strong case. They will also consult experts like accident reconstructionists and medical professionals who can provide expert testimony to further solidify your position.
Help You Appeal Claim Denials
Don’t be discouraged if your initial claim is denied. Insurance companies deny claims for various reasons, such as missing evidence, disputes about fault, or disagreements about the extent of your injuries.
Car accident attorneys are your allies in these situations. They’ll meticulously review your case, gather any missing evidence, and build strong legal arguments to obtain the settlement you have a right to.
Negotiate Settlements
As mentioned, insurance companies will attempt to minimize your claim’s worth. The less they pay out in claims, the higher their profits. They may even attempt to pressure you into accepting a lowball offer, hoping you’re desperate enough to get any form of remuneration, especially if you are facing financial hardships due to the accident.
Attorneys dealing with car accident claims can assess the fairness of an offer based on the specifics of your case. They can effectively push back against lowball offers, explaining why the proposed amount is insufficient and providing evidence to support this position. They won’t let you inadvertently waive your rights.
Work On A Contingency Fee Basis
People who get injured often end up with huge medical care bills. On top of that, they’ll be unable to work while they are recuperating, so their expenses will go up, and their income will go down. To them, getting a lawyer for representation can be really expensive, with large fees from the start. This is one reason why it’s difficult for many people to even consider getting legal help when they need it.
Most personal injury attorneys, however, operate on a contingency fee basis, which is a game-changer. It means victims don’t have to worry about their bank balance as they seek justice. Under a contingency agreement, the injured can hire a lawyer who gets paid only if they win.
What You Should Do After A Car Accident
After a car accident, many people feel overwhelmed with fear, which can lead to panic when dealing with injuries and damage. Studies have shown that providing early information and advice can reduce psychological distress and travel-related anxiety caused by accidents, ultimately improving road safety.
Here’s what to do after a car accident to ensure your safety and well-being:
Prioritize Your Safety
Make your safety your top priority right after a car accident. Immediately check if you or anyone else is injured, and call 911 for emergency assistance.
Here are some typical injuries resulting from car accidents:
- Whiplash
- Head injuries
- Brain injuries
- Spinal cord injuries
- Internal Injuries
- Eye injuries
- Amputations
- Burns
- Fractures
- Lacerations
- Sprains and strains
It’s important to get medical attention quickly, even if you think you’re okay. Injuries like traumatic brain injuries might not show immediate symptoms. Don’t delay and get a comprehensive medical checkup to address all possible injuries.
Traffic accidents can lead to more than just physical injuries; they can also cause mental health problems, including post-traumatic stress disorder (PTSD), anxiety, and depression. If you feel that you are getting overwhelmed by the emotional trauma or need someone to talk to, don’t hesitate to get professional help for support. High-quality injury law firms have access to the best medical and mental health professionals who can help clients deal with both physical and psychological trauma sustained in car accidents.
Move To A Safe Location
Leaving the scene of a car accident is considered a hit-and-run in California. However, this doesn’t mean you have to stay exactly where you are. If you are able, move to the side of the road, out of the way of any oncoming traffic, and wait for emergency responders. If someone else is injured, here’s how to manage injuries while waiting:
- The Victim Has A Visible Injury Or Is In Pain
- Don’t move them unless there is imminent danger of further harm.
- If they are bleeding, apply gentle pressure on the wound, ideally with a clean piece of cloth.
- Do your best to keep them warm.
- If The Victim Is Unconscious
- Assess the person’s responsiveness.
- See if the person is breathing and their chest is rising. Also, look out for signs of coughing.
- Provide first aid according to your training and knowledge, with no heroics.
Report To The Proper Authorities
Drivers involved in a collision must immediately call 911 to report the incident to law enforcement. Prompt action allows the authorities to respond to the incident, preserve the scene for investigation, and mediate any disputes.
Report the accident to the Department of Motor Vehicles (DMV) within ten days if there is an injury, regardless of the extent or a fatality. Also, report if the property damage exceeds $1000.
Present the following to the responding officers:
- Driver’s license
- Vehicle registration card
- Current address
- Insurance details
Not complying with these requirements could lead to penalties. If a police officer did not attend the scene, it’s important to report the incident in writing without delay. Subsequently, ensure you secure a copy of the accident report. This report is vital as it includes essential details about the collision, which could be beneficial during the investigation phase of your claim process.
Document The Accident Scene
Gathering and presenting solid evidence is essential to establishing liability in a traffic accident. It can help authorities, insurance companies, and personal injury attorneys better understand the circumstances of the accident. Key pieces of evidence can also demonstrate the extent of your injuries and other damages.
Some vital evidence from the scene:
- Photos And Videos
- Vehicles — Take pictures of the damage to your car and the other vehicles involved, making sure to capture from all angles.
- Scene — Snap photos of the accident scene, like skid marks, debris, and traffic signs, to demonstrate the situation.
- Injuries — Photograph your injuries to show their severity.
- Information
- Names and contact information — Gather the names, addresses, contact details, plate numbers, and insurance information of other drivers involved. Dashcam footage from any vehicles present and/or surveillance videos from nearby establishments or street posts.
- Witness Data — Collect the contact details of any bystanders or road users who saw what happened.
Additional evidence that may be gathered later by your attorney:
- Eyewitness accounts from people present at the time of the incident — this is why it’s important to get their contact details on-scene.
- The police report, that can be obtained from the appropriate precinct.
- Medical records related to your injuries, including doctor’s notes, results of tests and scans, and treatment plans.
- Hospital bills and invoices of other out-of-pocket expenses related to your injury.
- Journal or diary of your personal experience.
- Proof of lost earnings, such as pay slips.
Your car accident injury lawyers calculate the value of your losses based on these details and need the physical evidence to back your claim.
Notify Insurance Companies
Make sure to contact both your insurance provider and the insurance company of the at-fault driver. The other party’s insurance is responsible for covering your damages. However, your insurance will cover the costs if you are found to be at fault or if the other driver is uninsured or underinsured.
When speaking to insurers, make sure to only provide factual information and avoid implying that you think you may be at fault. Anything you say may be used as evidence against you. With this in mind, when you call an insurance company, you will likely hear a prompt stating that the call will be recorded. Keep in mind that when you are placed on hold, the recording continues, and anything you say during that time could be reviewed.
After the insurers are informed about your accident, the at-fault party would likely offer a settlement amount. Don’t even consider this offer before speaking with an attorney. Insurance providers are bound to protect their interests and not yours. Having a seasoned injury lawyer negotiate with the carrier gives you a much stronger advantage.
Symptoms may not show up right away following an accident, which suggests that some injuries might become apparent later. Your lawyer possesses the expertise and experience needed to assess your damages comprehensively, ensuring you receive the full compensation you deserve for all your injuries.
Consult With Car Accident Lawyers
Did you say, “Do I need a personal injury lawyer?” You don’t need one, but we know you’d want one. Your chances of getting the best possible outcome are infinitely higher with a car accident attorney to represent your interests.
An injury law firm with decades of experience in this area will provide strong legal representation and protect your rights. Lawyers with expertise in car accidents will do the legwork for you, guide you through the settlement process, and negotiate with insurers on your behalf.
Filing A Claim With Your Insurance Company
Insurance is mandatory for all drivers in California, and one cannot acquire a driver’s license without coverage. Nobody wants to get into motor vehicle accidents, but it’s best to be prepared and understand the nuances of your insurance coverage.
With California being a “fault” state, the at-fault driver’s insurance company will cover your damages. However, there are instances where you may need to turn to your provider and file a claim after a car accident. These situations arise when:
- The liable party does not have insurance. In this case, you can file a claim with your insurer under the uninsured motorist coverage if you have purchased the option. It provides compensation for injuries and damages caused by an unidentified hit-and-run driver or an uninsured driver-at-fault.
- The responsible driver is underinsured. In this case, they have insurance, but the coverage is not enough to cover your damages. You can file a claim with your provider for the difference under your underinsured motorist coverage.
The Uninsured/Underinsured Motorist coverage is designed to protect you in the abovementioned situations. You must check your policy to understand the limits and conditions of your underinsured motorist coverage. In some cases, your insurance company may seek reimbursement from the responsible driver’s insurance company, but this will depend on the specific terms of your policy.
You will need the help of a car accident lawyer to ensure that your claim is filed correctly and that you do not receive a settlement that’s well below the actual amount of your damages.
Things To Consider When Hiring The Best Car Accident Attorney
Finding the right car accident attorney can greatly impact the outcome of your case. Here are some tips to help you select the best attorney for your situation:
- Take Advantage Of Complimentary Consultations — Many personal injury lawyers offer free consultations. Use this opportunity to discuss your case and get an attorney’s perspective.
- Ask About Their Track Record — Inquire about the lawyer’s experience in cases similar to yours. While attorney-client privilege prevents them from giving you any identifying information about previous clients, they should be able to share their successes and how they achieved favorable results.
- Understand Their Approach — Ask your car accident attorney about their strategy for cases like yours. Do they prepare for trial or focus on settlements? Understand the reasoning behind their methods.
- Prioritize Important Qualities — List qualities you want in a car accident lawyer. Look for someone experienced, reputable, compassionate, and empathetic. They should be assertive with insurance companies, responsive to your inquiries, and accommodating of your needs (such as meeting at your home or hospital).
- Evaluate Your Comfort Level — Free consultations also allow you to gauge your comfort level with the attorney and their firm. Trust is essential when hiring a lawyer specializing in car accident cases. Ask any questions you have to fully understand the attorney and their process.
Typical Reasons For Car Accidents
If you’ve been in a car accident, you know how they can happen in the blink of an eye. It can often leave victims in shock and not quite sure of what went wrong. Understanding the typical reasons behind these accidents is critical for preventing future incidents. While each accident has its own unique story, here are some common causes of car accidents leading to fatalities and injuries:
- Drunk driving
- Distracted driving
- Speeding
- Fatigue
- Tailgating
- Improper lane changes
- Running red lights
- Failing to yield
- Dangerous road conditions
- Weather conditions
Mechanical issues can also cause accidents, possibly shifting blame to third parties like manufacturers:
- Defective tires
- Brake failures
- Steering issues
Regardless of the cause, car accidents usually lead to drastic consequences. Victims often suffer various injuries, sustain high medical bills, and suffer significant losses. Then, there is the chance of getting into legal battles to recover remuneration. Hiring one of the biggest personal injury law firms in California ensures you receive top-notch legal representation.
Car Accident Statistics
Car accidents have a profound impact on society, causing major personal and financial losses each year. In 2022, a staggering 42,514 lives were lost to traffic accidents, according to the National Highway Traffic Safety Administration (NHTSA). That year, insurance companies faced $243 Million in losses due to auto insurance claims. Factors contributing to these costs include a rise in the frequency and severity of accidents, increased expenses for property damage repairs, and higher vehicle values.
The provisional data from UC Berkeley’s Statewide Integrated Traffic Records System (SWITRS) paints a similarly grim picture for 2023, with 161,852 crashes statewide leading to 228,202 fatalities and injuries. These are not just numbers; they represent people whose lives have been dramatically taken or altered by these incidents.
You are not just a number, and you need to hear and listen to this advice — hire a relentless car accident attorney. You will have a dedicated advocate who will explore all avenues to recover your maximum compensation.
Frequently Asked Questions About Car Accidents
How Can I Cope With The Emotional Repercussions Of A Car Accident?
Car accidents can be emotionally devastating. Feeling a mix of shock, sadness, anger, and fear is normal. Take time to process these feelings and grieve any losses. Talking about your experiences can be helpful. Share your emotions with a trusted friend, family member, or mental health professional.
Additionally, self-care is crucial. Prioritize sleep, healthy eating, and exercise to boost your mood and manage stress. Avoid alcohol and drugs because they can worsen your emotional state. If driving feels overwhelming, take a break. Consider seeking professional help from a therapist. Remember, everyone reacts differently to accidents. Be patient with yourself, and don’t hesitate to reach out for support.
What Happens If I Am Partially At Fault In A Car Accident?
Even if you’re partially at fault for a collision, you still have the right to file for compensation. California law allows you to claim damages even if you’re 99% responsible. The court will assess who is responsible for a car accident and the degree of each party’s fault. They will adjust your compensation in proportion to your share of the blame.
For example, you suffer damages worth $90,000, and the court found you 25% responsible for the accident. That means you will only receive 75% of the damages or $67,500.
Insurance companies, with their cunning strategies, often exploit this system to maximize their profits. They’ll do their best to shift some of the blame on you so they get to pay less. That’s why you should hire experienced attorneys who handle car accident claims. They will protect your rights and safeguard you from liability if there is none to begin with.
How Much Is My Car Accident Claim Worth?
It is impossible to tag a claim with a specific amount because personal injury claims are unique to each individual and are assessed by considering various factors. When dealing with a car accident, the nature of the crash and the damages the victim suffered must be considered. These could include the following:
- Catastrophic injuries.
- Medical expenses.
- Lost wages.
- Property damage repairs.
- Other out-of-pocket costs.
- Pain and suffering.
- Permanent or temporary disabilities.
- Disfigurements.
- Loss of consortium.
- Loss of enjoyment of life.
- Wrongful deaths.
Determining the value of your car accident claim is a complex process requiring a thorough examination. The advice of an experienced personal injury attorney is indispensable because they are well-versed in how to calculate the potential value of your claim.
Who Can Be Held Responsible For A Car Accident And Pay Bills?
If you are injured in a car accident, you may be entitled to seek compensation from multiple parties depending on the specific details of the accident. Some of the potential parties who may pay for your damages are:
- The Driver Who Caused The Accident — Whether they pay on their own with their assets or through insurance coverage depends on their financial situation.
- Your Own Insurance Company — If you have specific policies such as MedPay or uninsured/underinsured motorist coverage, this is not related to liability but rather reflects the coverage you purchased.
- Government Agencies — If a government vehicle was involved or a hazard on a government-owned road or similar issues caused the accident.
Why Is It Important To See A Doctor Immediately After A Car Accident?
It’s important to get checked out soon after an accident for two main reasons: your health and your insurance. Seeking early medical care and treatment can help speed up your recovery and prevent injuries from getting worse. Additionally, it can strengthen your insurance claim. Insurance companies often deny or reduce claims if you delay seeking medical attention. By promptly seeing a doctor, you create a strong record of your injuries.
If, at the accident scene, the police ask if you’re hurt, say you want to be examined by a doctor, even if you think you’re fine. For obvious injuries, go to the emergency room.
Why Is It Important To Act Quickly After A Car Accident?
There is a statute of limitations that sets a deadline for filing a personal injury lawsuit. You might lose the right to seek compensation if you miss this deadline.
In California, you have two years from the accident date or when you discovered the injury to take legal action. However, there are special rules for situations involving the government, minors, and out-of-state or mentally incapacitated defendants.
Talk to a car accident lawyer as soon as possible. They can explain the rules and ensure you don’t miss important deadlines. Taking immediate action gives your lawyer ample time to build a strong case.
Need Expert Advice After A Car Accident? Ask Our Lawyers Anything!
Are you injured in a car accident and seeking reliable legal advice? You can rely on the award-winning law firm in California, Arash Law. Led by the esteemed Arash Khorsandi, Esq., our lawyers have consistently won car accident cases over many decades of dedicated service.
We understand the legal framework governing car accidents and personal injury cases. This in-depth knowledge allows us to provide tailored advice to your unique situation, ensuring you can make informed decisions for your case.
At Arash Law, we understand that traffic accidents can take a great physical, emotional, and financial toll. That’s why our highly regarded car accident lawyers are dedicated to safeguarding your interests. We persistently fight to ensure you receive the justice you rightfully deserve. Our team has successfully recovered over $500 Million in compensation for victims like you. Contact us today at (888) 488-1391 to discuss your legal options.
Our law firm serves victims in numerous California locations, including Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, Oakland, Bakersfield, and Anaheim. We also extend legal assistance in Eureka, Visalia, Palm Springs, Monterey, Salinas, Stockton, Modesto, Santa Barbara, Santa Maria, San Luis Obispo, Chico, Redding, Yuba, Los Banos, Arcadia, Buellton, and El Centro.