Car Accidents
While many drivers have encountered a minor accident, experiencing a severe injury due to someone else’s negligence presents a completely different ordeal. Such accidents are not just inconvenient and costly, they often reshape lives in profound ways. Suddenly finding oneself incapacitated can be disorienting and overwhelming, disrupting daily life and potentially altering future plans. This underscores the critical importance of seeking exceptional legal representation alongside quality medical care when confronted with significant personal injury.
In California, if an individual is grappling with physical and emotional injury resulting from a car accident, seeking legal assistance is paramount to obtaining justice and necessary support. Seasoned attorneys can ensure that a car accident victim receives the compensation and care they rightfully deserve while recovering from the injuries sustained in the accident.
California Car Accident Law
Motorists are obligated to demonstrate “due care” to ensure the safety of fellow drivers and people using the road. Negligence, which is characterized by the absence of due care, forms the foundation of all car accidents in California. It occurs when an individual fails to exercise the level of reasonable care expected in a given scenario. Typically, the party deemed most negligent in a situation bears responsibility for the resulting damages and injuries.
California operates under an at-fault system when it comes to car accident laws. This means that victims of negligent car accidents have the right to file a claim against the responsible party provided they can demonstrate their liability. All drivers in California are required to carry vehicle insurance meeting certain minimum coverage requirements. These requirements include coverage for $5,000 for property damage, $15,000 of bodily injury coverage per person, and $30,000 of bodily injury coverage per accident. It's important to note that responsibility for a car accident can also be apportioned among multiple parties. And even if the injured party is deemed partially at fault, they can still receive compensation for the car accident.
California Statute of Limitations for Car Accidents
Under California law, there are time constraints for car accident victims to initiate legal claims for damages. The specific timeframe varies based on the type of damage sustained in the accident. For bodily injury, victims have a two-year timeframe from the accident date to file a claim. There are also certain circumstances under which an extension of these time limits may be possible. These include when the defendant cannot be located or when the victim was a minor at the time of the accident.
Car Accident Liability
In California, the individual determined to be responsible for an accident is usually held liable for any resulting damages or injuries, and will thus pay any compensation. There are a few different types of liability:
Negligence Liability is prevalent in most car accidents, and arises from a driver's failure to exercise reasonable care while driving, which leads to an accident. To establish negligence responsibility, it must be demonstrated that the driver had an obligation to exercise reasonable care, breached that obligation, and that the breach directly caused the accident and ensuing damages.
Vicarious Liability arises when an individual is held accountable for another person's actions. For instance, an employer could be held indirectly responsible for the conduct of an employee involved in an accident while operating a company vehicle.
Product Liability emerges when a defective product, such as a malfunctioning car component, triggers an accident. In such instances, the manufacturer or distributor of the product may be deemed accountable for resulting damages.
Intentional Tort Liability stems from intentional actions causing harm to another person or their possessions. For example, if a driver intentionally collides their vehicle with another, they may be held responsible for ensuing damages.
Strict Liability applies in cases where a driver is automatically deemed at fault, irrespective of negligence or recklessness. Strict liability may be relevant in scenarios like a driver striking a pedestrian in a designated crosswalk or rear-ending another vehicle.
Damages Available to Victims of Car Accidents
Under California law, individuals involved in personal injury cases, such as car accidents, are afforded the opportunity to seek both economic and non-economic damages. Economic damages encompass monetary losses. These include medical expenses, lost wages, diminished employment prospects, property usage impairment, property repair or replacement expenses, and burial costs. Non-economic damages represent subjective, non-monetary losses such as pain and suffering, mental anguish, loss of companionship, inconvenience, damage to reputation, and humiliation.
It is important to note that there are constraints on non-economic damages recovery under certain circumstances according to California law. Individuals may be precluded from seeking compensation for pain and suffering, mental distress, and other non-economic harm if they fail to maintain car insurance or meet the state's financial responsibility obligations, or if they are convicted of a DUI offense.
The assessment of the worth of the victim’s claim's hinges on the specific details of the car accident case. Elements like the extent of the injuries sustained by the victims can impact the settlement proposed by the at-fault driver's insurance company. For a precise evaluation of the claim's value, it's recommended to seek guidance from a seasoned car accident attorney in California. At Phillips, Erlewine, Given & Carlin LLP, we can offer an informed estimation of the case's value prior to entering into discussions with an insurance company.
Why Choose Us As Your Car Accident Attorney?
Expertise: Our car accident lawyers are knowledgeable in personal injury law and have extensive experience handling many types of accident cases. We have a thorough understanding of the legal, ethical, and medical complexities involved and will use our expertise to build a strong case on your behalf.
Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our accident attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.
Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in car accident cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.
Resources and Network: We have access to a wide range of resources and a vast network of experts, including medical professionals and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.
No Fee Unless We Win: We understand the financial strain that can come after being injured in a car accident and any investigation that follows, which is why we generally take personal injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.
Choosing the right injury attorney after being in a car accident is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.
