What To Do If You Get Into a Car Accident
When the unthinkable occurs and an accident strikes, it’s important that you know what to do to protect yourself and any others involved. Here are some tips from an experienced California car accident injury lawyer:
- Stop your vehicle. Move out of traffic lanes to the shoulder, only if it is safe to do so.
- If there are injuries, call 911. If the only damage is to vehicles, you can call the police directly. In some localities, police respond to every accident scene. In other areas, accident officers or other officials may arrive.
- Collect driver information. Get the names, telephone numbers, addresses, and license numbers of every driver involved. Copy down license plate numbers as well.
- Collect passenger & witness information. Get names, telephone numbers, and addresses of any passengers or witnesses on the scene.
- Take pictures. Use your phone or a camera to take photos of the damage and the scene of the accident, including road signs, stoplights, and any visual obstacles.
- Notify the DMV. If vehicle damage exceeds $750 or there are any injuries, you must notify the Department of Motor Vehicles. Failure to timely notify the DMV may result in license suspension, even if the accident is not your fault.
- Medical Treatment. Seek medical evaluation and treatment. Be sure to save all medical records if you receive any treatment for injuries sustained from the accident.
- If you believe that you are entitled to compensation for damages sustained in an accident, contact an experienced Southern California car injury attorney. Share the information you gathered and they will assess the situation.
Car Accident Compensation Under California Law
California divides damages into two categories; economic and non-economic.
Economic Damages
This includes specific economic losses, including:
- Lost income
- Lost earning capacity
- Loss of employment
- Medical expenses, current and future
- Vehicle repair
- Burial expenses
As these losses can be defined differently or limited depending upon the jurisdiction, it’s a good idea to contact an experienced attorney. They can help determine what economic damages apply in your case.
Non-Economic Damages
These types of damages are a little more complicated. They typically include things that are not easily quantified, such as:
- Emotional distress
- Pain and suffering
- Mental Anguish
- Disfigurement and disability
- Loss of companionship
While California does not impose a limit on non-economic damages, it does have a law that prohibits a victim without automotive insurance from recovering non-economic damages, regardless of fault. If you have questions about these types of damages, call our experienced lawyers. They can help to figure out what damages are appropriate for your claim.
What To Expect From a Car Accident Claim in California
Generally, your attorney presents your claim, including supporting evidence, to the insurance company of the at-fault driver. Often an experienced injury attorney is able to successfully reach a settlement with the insurance company and there’s no need to go to court. If this doesn’t occur, however, you may need to file a lawsuit and pursue your claim in court. An experienced injury attorney can help you weigh the pros and cons of filing a lawsuit versus settling your claim beforehand. Keep in mind that not all lawyers are able to represent you in court. Kalfayan Merjanian has the experience needed to reach settlements outside of court as well as fight for their clients in court.
In California, car accident lawsuits are a type of personal injury lawsuit where plaintiffs or the injured person, must prove that their injuries were caused by the negligence of another. Generally, all four elements of negligence must be established, to be eligible for compensation:
- Duty of care was owed by the defendant. In California, the duty of care applies to all motorists who are expected to follow traffic laws, drive safely, and not drive while impaired.
- This duty of care was breached by the defendant. This can be proven if the defendant was not paying attention or was engaging in activities while driving that caused a distraction. Texting, talking on the phone, or eating are all examples that can indicate negligence. Of course, driving while under the influence or not following traffic signs is also a breach of duty of care.
- The plaintiff’s injury was caused by a breach of the duty of care. This may seem cut-and-dried, but insurance companies like to fight this one. They may try to show that the injuries were pre-existing or occurred somewhere else. Medical records are crucial at this step.
- The injury caused suffering and damages. These damages can be mental, emotional, physical, and financial. The attorney will need to show that the injuries caused the economic and non-economic losses, and the clients are entitled to financial compensation.
- There is a statute of limitations for filing a claim against injuries sustained in a car accident. The statute of limitations may vary depending on each case. Because the statute of limitations can act as a bar to recovery, it is important to act quickly and reach out to an experienced team of lawyers to find out how long one has to file a claim. Speaking to a local California car accident lawyer quickly to get the process started can be vital.
No Fees Unless You Win
It’s common to be concerned about legal fees when considering an attorney for your personal injury. Our highly-rated lawyers at CA Trial Attorneys powered by Kalfayan Merjanian never charge a fee unless we reach a settlement on behalf of our clients.
That’s right. Our clients do not owe us any legal fees unless we win their case.
