In California in 2014, there were over 162,000 car accidents resulting in injuries. Additionally, according to the California Office of Traffic Safety, in the same state and year, there were 3,074 traffic-related fatalities. If you or a loved one has been injured in a car accident, contact California personal injury attorney Johann Hall today. With his experience handling various types of car accident cases, he will aggressively fight for your right to compensation. When dealing with a motor vehicle accident, there are five important things to keep in mind.
1. Know the common causes of car accidents and refrain from activities or behaviors that lead to them, so you can avoid becoming involved in an accident in the first place.
One of the most common causes of car collisions is distracted driving. Distracted driving occurs when a driver is not completely focused on the road and can occur in any number of ways, including texting while driving, paying attention to other persons or objects in the vehicle, eating while driving, or using a cell phone. You can do your part to avoid collisions by focusing on driving and refusing to engage in distractions while you are out on the road.
2. Your injuries may be more serious than you realize.
While some injuries may be obvious after a collision, keep in mind that you may not be aware of the extent of your injuries immediately after the accident. Soft tissue injuries, in particular, may not be noticeable until the next day or later. These types of injuries include neck sprains and back sprains. Additionally, it is possible that you have internal injuries that may not be obvious visually right away. For these reasons, it is always a good idea to at least see your primary care physician after an accident, just to get yourself checked out and confirm that you do not have any more serious injuries.
3. Report the accident and follow all proper insurance procedures
If the other driver caused the accident and is liable, you will generally want to contact the police to arrive at the scene and make an accident report. The officer will likely speak with you and the other driver and make a determination of fault. The police report will be helpful later on to establish that the other party is at-fault for the accident. You will also want to take a look at your own policy to make sure that you are following proper reporting procedures, even if the other driver was at-fault.
4. Check your own insurance policy to determine whether you have medical payments coverage, and if so, determine your coverage limits
Medical payments coverage is not mandatory in the state of California; however, many people opt for this additional coverage on their policy. This additional form of insurance coverage allows for your medical bills for injuries sustained in a car accident to be immediately paid up to a designated amount (your medical payments coverage policy limit). This coverage applies to you and any of your passengers, whether you were at fault for the accident or whether the other driver was at fault. Your attorney will be able to review your medical payments policy coverage and advise you on the best course of action to take advantage of this portion of your policy.
5. Speak with a lawyer right away after the accident to ensure your rights are being protected.
Of course, seeking any necessary medical attention is the most important thing you can do once you have been involved in a car accident. The next important step is to contact a personal injury attorney and set up a consultation to discuss your potential case. Typically, personal injury lawyers in California will operate on a contingency fee basis, which means that you do not have to pay any funds up front. Rather, payment will come in the form of an agreed to percentage of your settlement or award, and if your lawyer does not recover a settlement or award for you, then you do not owe them any money.
Your lawyer will be able to contact the insurance company for the at-fault driver and attempt to negotiate a settlement for your injuries. You may be entitled to compensation for your medical bills, lost time from work, and pain and suffering caused by the accident. Your lawyer may also be able to help you out by negotiating your medical bills down to a lower payment in order for you to get more money out of the settlement. Call California car accident attorney Johann Hall today to get started with a free consultation on your potential case.
Frequently Asked Questions About Car Accidents and Personal Injury in California
1. What Should I Do Immediately After a Car Accident in California?
Immediately after a car accident, ensure everyone’s safety and call emergency services if needed. Exchange information with the other driver and take photos of the scene. It’s crucial to report the accident to the police and get a copy of the police report for your insurance claim. Seek medical attention even if you feel fine, as some injuries may not be immediately apparent.
2. How Long Do I Have to File a Car Accident Claim in California?
In California, the statute of limitations for filing a car accident claim is typically two years from the date of the accident. This timeframe is crucial to keep in mind as filing after the deadline can result in losing your right to compensation. If the claim is against a government entity, the period is reduced to six months.
3. Can I Claim Compensation for Emotional Distress After a Car Accident?
Yes, in California, you can claim compensation for emotional distress resulting from a car accident. Emotional distress covers psychological impacts like anxiety, depression, and PTSD. Document your symptoms and seek professional mental health support to strengthen your claim.
4. How Does Comparative Negligence Affect My Car Accident Claim in California?
California follows a pure comparative negligence rule, which means your compensation can be reduced by the percentage of fault attributed to you. For example, if you are found 20% at fault, your compensation will be reduced by 20%. It’s crucial to work with an attorney to minimize your fault percentage.
5. What Are the Common Injuries Sustained in Car Accidents?
Common injuries from car accidents include whiplash, broken bones, concussions, and internal injuries. Soft tissue injuries like sprains and strains are also frequent. Even if injuries seem minor, seeking medical attention promptly is essential for proper documentation and treatment.
6. How Can a Personal Injury Attorney Help With My Car Accident Case?
A personal injury attorney can navigate the legal process, negotiate with insurance companies, and ensure you receive fair compensation. They can help gather evidence, calculate damages, and represent you in court if necessary. Attorneys typically work on a contingency fee basis, meaning they only get paid if you win your case.
7. What is the Average Settlement for a Car Accident Claim in California?
Settlement amounts vary widely depending on the severity of the accident, the extent of injuries, and other factors. Minor accidents may settle for a few thousand dollars, while severe cases involving significant injuries can result in settlements worth hundreds of thousands or more. Consulting with an attorney can help you understand what to expect in your specific case.
8. How Do I Prove Fault in a Car Accident in California?
Proving fault in a car accident involves gathering evidence such as police reports, witness statements, photos, and video footage of the accident scene. An attorney can help collect and present this evidence effectively. California uses a fault-based system, meaning the at-fault driver’s insurance pays for damages.
9. Can I Recover Lost Wages After a Car Accident?
Yes, you can recover lost wages if you miss work due to injuries sustained in a car accident. This includes not only your regular salary but also bonuses, promotions, and other earnings. Documentation from your employer and medical records will be necessary to support your claim for lost income.
10. What Role Does Insurance Play in Car Accident Claims?
Insurance plays a significant role in car accident claims. Your insurance and the at-fault driver’s insurance will determine the coverage for damages. Understanding your policy limits, medical payments coverage, and uninsured motorist protection is crucial. An attorney can help you navigate insurance negotiations to maximize your compensation.
For more information and detailed insights into your specific case, contact California personal injury attorney Johann Hall. He will provide personalized guidance and aggressively fight for your right to fair compensation. Visit his website or call (707) 360-8717 for a free consultation.