Every year across the United States, approximately three million people sustain non-fatal injuries from motor vehicle accidents, such as car crashes. In California, 300,160 people sustained injuries from collisions between vehicles in 2022. In addition, an additional 5,904 were killed.
Despite significant advancements in safety and security in the automotive sector, accidents in cars continue to occur at a high rate throughout California. California. If you've been injured in a car crash then you could be legally entitled to compensation for the injuries you sustained.
If a negligent driver causes an accident could be held financially accountable for medical bills incurred by the victim and lost wages, as well as injuries and suffering and so on.
We represent victims of injuries across California and even Stockton. We offer no-cost initial consultations in which we listen to the story of your injury and provide you with legal counsel on your rights and alternatives. If you decide to work with us, we'll take care of cases on a contingent basis, which means you will not pay us at any time unless we collect the money you owe us.
Common Causes of Stockton Car Accidents
As per the National Highway Traffic Safety Administration ( NHTSA), the majority of 94% of car accidents are the result of the negligence of drivers. Although some accidents result from environmental factors such as bad roads, or issues with the vehicle, such as brakes that are not working properly, in the majority of accidents, the driver is the primary cause.
As accident lawyers, We represent those who have suffered injuries in any kind of motor accident. We typically see cases that involve:
- Driver's not paying attention
- Distracted driving, such as texting while driving, or eating in the car
- Drunk driving
- Drivers intoxicated (DUI) by alcohol or drugs
- Speeding
The majority of these accidents cause serious injuries or even deaths. If your loved ones are killed in a car crash it is possible to file a wrongful-death lawsuit by enlisting the assistance of a Stockton attorney for personal injuries.
In these accidents, both drivers and passengers can suffer various injuries which include:
- Traumatic head injury (TBI)
- Whiplash
- Cuts and scrapes (lacerations)
- Head injuries to the head
- Broken bones (fractures)
- Nerve damage
- Internal bleeding
- Burns
- Scarring
- Paralysis and spinal cord injuries
- Back injuries
- Soft tissue injuries
- Internal injuries, such as organ damage
- Amputations, or loss of limbs
- Injury to knees and legs
- Hand injuries and wrist fractures (often due to the airbag deployment)
- Catastrophic injuries
Furthermore, many crash victims suffer from emotional stress due to an accident. A collision is incredibly stressful and recovery can be slow. In the end, those who suffer injuries in car accidents may be suffering from anxiety, depression as well as post-traumatic stress disorder (PTSD).
Determining Fault in a California Auto Accident
If you want to start an injury claim in California it is necessary to identify who is responsible for the accident. The process of determining the cause of an automobile accident is typically easy, like in cases when a driver is caught running at a red light, and then crashes into another motorist.
There are however many scenarios, such as multi-vehicle pile-ups in which it is difficult to determine the person responsible.
In California, the law states that car accident victims may be compensated for their losses when they prove that the driver who caused the accident was negligent in a particular way. The term "negligence" is a legal term that implies that the person did not act with the same care as reasonable people would exercise in a similar circumstance. There are four components of negligence:
- Duty: The driver (defendant) had a duty to his victim (plaintiff) the duty of care.
- Breach: The defendant has committed a breach or violation of the duty in some manner.
- Causation: this violation was the direct or however, the cause of the crash (i.e. were it not for the defendant's drinking and driving, the crash would not be happening).
- The plaintiff was liable for expenses due to the claim.
In California, the law states that all drivers owe all motorists the duty of using reasonable care while operating the vehicle. That duty encapsulates many things, including taking reasonable care, paying attention to pedestrians and other vehicles, as well as controlling the speed and movements of the automobile. If a driver fails to comply with the duty of care, for example, by speeding and texting during driving they could be held responsible for any injuries they cause.
In some accidents, there are instances where multiple drivers are in the for the fault. In the case of, for instance, if you changed lanes without signaling, and an unintentionally speeding driver rear-ended you, drivers could share a portion of responsibility. In the context of relative fault even if you're at least partially responsible for the collision you are still able to recover from your loss. However, your compensation will be diminished by the amount you are at fault for.
In the above case in which a jury decides that you are 30% responsible for the crash. If your total damages are $100,000, the amount you receive will be decreased to 30% which is $30,000 for a total recovery of $70,000. This way, you could still receive compensation for your losses, even when you share a portion of the responsibility in the accident.
Three kinds of damages can be claimed in a personal injury case that is: non-economic, economic, and punitive. Non-economic and economic damages are referred to as compensatory damages in the sense that they are meant to pay a victim their loss. In most cases, punitive damages cannot be claimed in personal injury cases since their goal is to punish a wrongdoer for reckless or intentional actions.
Economic damages are expenses that are easy to prove using a paystub, bill, or invoice. They can be categorized as future and past medical expenses, repairs to vehicles, or the cost of replacing the vehicle (property damage) as well as lost wages and a decrease in earning capacity.
Non-economic damages compensate a victim of injury for intangible losses and are typically harder to establish. Non-economic damages could comprise things such as the pain and suffering of the victim as well as disfigurement, scarring, emotional stress as well as loss of enjoyment. A knowledgeable Stockton attorney for car accidents will use their experience in similar cases to make a convincing claim to recover damages for non-economic damages.
The law office will review the circumstances of your case and will consult doctors and experts to identify the fault, and then formulate an offer for the full value of your losses.
From the initial meeting to the resolution of your claims, we'll collaborate with you to assist you in ensuring that you obtain the financial compensation you are entitled to for your injuries.
How Can a California Personal Injury Attorney Help Me?
Following a car accident or accident, you could be approached by an adjuster from the insurance company who wants to know your personal information or asks you to take a pledge, or offers you a settlement from the insurance company of the driver who caused the crash. company. It is not advisable to make a declaration, sign anything, or accept any offer from an insurance company without first speaking with an attorney for personal injuries. Keep in mind that the insurer's objective is to reduce their losses, not to guarantee that you get the best possible amount of compensation for your injuries.
A professional attorney for personal injuries can serve you as your representative. They will fight to protect your interests by utilizing their knowledge of personal injury law and their experience dealing with legal procedures in the California law system. The majority of cases start with a no-cost consultation in which an attorney will guide you on your rights as well as possibilities for moving forward with your case.
If you decide to employ the firm, they will immediately initiate investigations to discover who is responsible, and who is responsible for an injury claim. This may involve reviewing police reports, speaking with witnesses, collecting surveillance videos and photos from the incident, looking over medical records, and working with experts in accident reconstruction. Through this investigation, the lawyer will review the incident about California personal injury law to create a winning strategy.
Then, your lawyer will draft an order letter that you can send to your insurance provider. The letter describes the details of the case, the reason their insured was responsible for the accident, and also sets the amount you want in compensation (compensation). The process begins with discussions, in which the insurance company counters with an offer, which is then rejected, and parties alternate until a settlement is reached.
The majority of insurance claims are settled by settlement. If, however, the insurance company does not give you a fair price and your lawyer might suggest that the best choice is to bring the case to trial.
When you appear in court, the lawyer will present witnesses and other evidence to show that the driver at fault is responsible for the losses you suffered.
What Should I Do After a Car Accident?
If you've been injured in the course of a car accident and you are injured, you might not be sure what to do. The first and most crucial priority is to get medical attention as quickly as you can. Even if it's not clear that you're seriously injured visiting a doctor will assure that you're properly diagnosed and receive the care you require.
If you can, share information with the driver you are sharing with. Don't acknowledge the fault or say that you're sorry. Be aware that any comments you make to another driver could be utilized against you in an eventual claim in the event of an accident.
Also, you should try to gather contact details from the witnesses. If the police were dispatched to the location, that information could be included in the police report. Eyewitnesses can be important when pursuing a personal injury lawsuit.
If you're able to do so, snap pictures and videos that show the scene as well as the injuries you sustained. The personal injury lawyer you hire may use these to study the accident, gather evidence, and support your claim.
Do not provide a written statement to the adjuster of the insurer of the other driver. It is not mandatory to provide this information however anything you provide them with could hurt your claim. Instead, inform the adjuster you intend to retain a lawyer and that all communications will be made through the attorney.
In the end, you should consult a knowledgeable Get in touch with a seasoned Stockton accident lawyer whenever possible. Your lawyer is expected to protect your interests and will defend your rights to receive compensation.
What Happens If I Am Hit By an Uninsured Driver?
In California the state, drivers must carry a minimum level of insurance. If an uninsured driver hits your vehicle, or if the at-fault driver does not have enough insurance to cover your damages, you may be able to file a claim through your own insurance company through an uninsured/underinsured motorist policy (UM/UIM).
Insurance firms in California must provide UM/UIM insurance for drivers. However, this kind of coverage is not required. If you have a UIM/UM policy the insurance provider will pay for the damages you sustained caused by an accident involving an uninsured or underinsured motorist within the limits of your policy.
Importantly important to note that just because you're making an insurance claim through your insurer does not mean that the insurer will pay for the claim. The purpose of insurance companies is to earn profits, and they make profits by denying or delaying legitimate claims. If you've suffered injuries in an accident caused by an uninsured or underinsured driver contact a Stockton lawyer in a car accident for assistance in making your claim.
My Family Member Was Killed in a Car Accident. Can I Sue the Driver?
In wrongful death cases, some family members sue the at-fault motorist accountable for the death of their loved ones. According to California law spouses, domestic partners and grandchildren, children (if children have died) and any other person who is in the position of inheriting the deceased's property according to California's intestate succession laws can file a wrongful death lawsuit. The legal name for how a person's assets are divided in the event of their death without having a will.
In a wrongful-death lawsuit the family can seek compensation for burial and funeral costs, wages lost that the deceased would have earned, as well as compensation for the loss of friendship and companionship. Although it can be difficult to contemplate claiming the loss of someone dear to you it's a means to seek justice for your loved one. It will also guarantee that you can pay the amount needed to make a move after the loss.
What Happens If the Other Driver Broke a Law?
In California, drivers could be held accountable under the negligence per se standard when they violate an ordinance or law and result in an accident. Negligence per in itself is a legal principle that holds that a person is likely to be guilty of carelessness if they violate a law or ordinance and hurt anyone else during the process. When compared to other instances of personal injuries the injured party won't need to prove that they were negligent in this situation.
A person may be considered negligent if:
Infraction of a law or ordinance;
This violation may have resulted in the death or injury of the property or a person;
Death or injury was the kind of injury that the law was created to avoid;
The person who has suffered an accident or death is the person whom the law seeks to safeguard.
For instance, the laws against drunk driving were created to safeguard other pedestrians and motorists from those who cause accidents while driving drunk. If a driver strikes you in the course of driving drunk, they could be considered to be negligent in their own right since they broke California's DUI laws, causing an injury. This was the kind of damage caused by the harm that DUI laws were created to protect against.
Hurt in a Car Accident? We're Here for You.
Car accidents can be quite traumatizing, resulting in serious injuries in pain, property damage, or even loss of wages. It can be challenging to determine the best course of action, especially when you've never been in an accident before. We're here to help.
In Megeredchian Law, we represent Californians who have suffered injuries from any type of accident including bicycle accidents, dog bites truck accidents to car accidents. We offer no-cost initial consultations and do not take a charge unless we get your money back for you. For more information or to set up a time to meet with a highly experienced Stockton car Accident Lawyer, call us at 1-866-631-6059 or use your online request form.
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