Car Accident, Now What?
All accidents are serious. Indeed, even minor crashes can prompt exorbitant car repairs, medical treatment, and lingering wounds. Stress and monetary expenses related with auto accidents can rapidly spiral out of control. You don’t need to go through it alone. Our California car accident attorneys will provide you and your family with the help you deserve during this startling, trying time. The car accident can be scary and confusing. You might require help knowing what to do after an accident. If you or a friend or family member was involved in a serious car accident, reach us when you are able. Car accident claims can be confusing and stressful. There’s no doubt about that, especially if you’re dealing with injuries or property damage. Understanding the steps involved in the legal process can help you feel more prepared and confident as you navigate the aftermath of an accident.
The California Department of Motor Vehicles reported more than 3,100 fatal auto accidents and over 176,000 injury collisions across the state in 2015 alone. Despite the common occurrence of car crashes, many believe that if they obey the traffic laws and use caution, they will never experience a wreck. While taking precautions may help reduce your risk, the danger of motor vehicle collisions may still exist. Knowing what to do in such a harrowing occurrence will help you keep your composure and protect your rights.
What To Do When Involved in An Car Accident in California
Immediately upon colliding with another vehicle, drivers should stop their cars. If it is safe andthey are able, they may move out of traffic to avoid causing another accident. Motorists should remember that leaving the scene altogether or failing to notify law enforcement in a specific period may be considered a hit-and-run. After stopping and moving to safety, motorists should determine whether they or their passengers have suffered injuries. Even what seems to be a minor collision may result in bruises, whiplash, and other harm. Once they have assessed the condition of those in their vehicles, drivers may check on the occupants of the other involved automobiles.
Take steps to stay away from extra collisions like shifting your vehicle aside from the street, turn on your flasher lights, lighting flares, and raising the hood of your vehicle.
Exchange Information with the driver of the other vehicle(s) including the name, address, date of birth, and driver’s permit number and owner of the vehicle (if not the same as the driver), registration number, and name of the insurance agency. (Always keep a pen and paper in your car.)
Inform the Police – Contacting the police is vital because the police will set up a detailed motor vehicle accident report. This report will contain significant facts regarding your case that will prove to be useful when you look for legal advice. Whether the officer makes a report, drivers must also report crashes resulting in more than $1,000 of damage, personal injury, or death. If anyone requires medical aid, you should also call for emergency services.
Never Admit Liability – Never concede your liability before you look for legitimate guidance from a personal injury attorney. When you are talking with other drivers, travelers, paramedics or police, simply give an honest record of the incident- don’t accept liability regarding the accident.
Get Appropriate Information – If possible, you should get the following information: Names and addresses of witnesses; Note the damage to the vehicles; Note any pallet marks and the approximate distance; noticing the names of roads, crossing points, traffic lights or signs, and location of the vehicles; and, if you have a camera with you, take photographs of the scene and motor vehicles.
Acquire Medical Treatment – If you are injured, look for the best medical treatment and follow your physician’s instructions regarding any treatment (for example exercise based recovery), tests (for example x-ray and M.R.I.) and prescriptions.
Look for Legal Advice, Contact us now – A California c accident attorney will assist you with managing the various issues that emerge following a car accident, for example, contacting insurance agency, claims for pay for hospital expenses and lost compensation, assessing and settling claims, and, if necessary, litigating car accident claims. Be sure to look for a no win no fee lawyer in California who will empower you to pursue justice without financial pressure.
Causes of California Car Accidents That Require an Attorney
Accidents in California may be due to negligent drivers, including distracted driving, impaired driving, and speeding. Thousands of car accidents occur yearly in California. Over the years, crash fatalities have been on the rise. According to the California Highway Patrol, more than 3,000 fatal crashes were reported in 2013, while almost 4.000 were reported six years later. Tragically, motorists’ negligent behaviors contribute to many of these collisions. Drivers must avoid these practices, which can significantly lower the chance of harm and fatalities in accidents.
Speeding Causes Many Car Accidents
Research at the Berkeley Safe Transportation Research and Education Center reveals that speeding is a prevalent cause of severe auto accidents. The main reason that speeding makes crashes more likely is that it reduces drivers’ sufficient reaction time and control over their vehicles. Speeding drivers are also more likely to drive impaired or not protected by wearing a safety seatbelt. The outcome of speed-related collisions is more likely to be catastrophic due to the energy released during the crash. In 2016, almost 30% of all accident fatalities were speed-related in California.
Motorist distraction is a widespread concern in California. The exact number of distracted driving accidents in the state is still being determined. Moreover, conclusively revealing that distraction was an aspect of an accident can be challenging. However, the following statistics on the preponderance of this harmful habit are:
- Close to 10% of traffic casualties were due to distracted drivers in 2018.
- About 70% of Californians listed inattentive driving and talking or texting while driving as the most significant concern in 2019.
- California state officials remarked that preoccupied driving plays a significant role in about 80 percent of collisions.
Legal types of distraction, such as conversing with a passenger, eating while driving, and tunning the radio station, can still increase the risk of a collision. Unfortunately, these persistent habits are due to drivers’ lack of appreciation or reorganization of the associated risk of accidents.
Driving Under the Influence and Car Accidents
Driving under the influence of alcohol or drugs is responsible for thousands of car crashes in California yearly. Based on the National Highway Traffic Safety Administration report, alcohol-related accidents have caused more than one-quarter of traffic deaths in California in the last few years.
In 2018 alone, more than in any other state that year, over 1,100 people in California lost their lives in these accidents. Another common factor in serious accidents is drug use. According to the Office of Traffic Safety in California, nearly half of the drivers tested after a crash in 2018 had legal or illegal drugs in their system.
Driver’s Responsibility
Suppose you are a victim of an auto accident. In that case, many legal recourses are available to victims or family members when an accident occurs due to these negligent behaviors. If you are the driver at fault in an auto accident, you may be held liable for the consequential damages, injuries, and financial losses to the victims that may have occurred due to the accident. Nonetheless, documenting the events and circumstances leading to the crash or establishing the driver’s liability may be challenging. Hence, if you are a victim of an automobile crash that involved any of the mentioned factors, you may benefit significantly from consulting an experienced California attorney who can help you navigate the claims procedure.
What Can a Car Accident Attorney Do for Me?
Car accidents are usually accompanied by many legal complexities and fines. Oftentimes, the responsible party is blame-shifting and leaving you at a gross disadvantage, especially if you are without an experienced car accident lawyer to defend your case. Many scenarios like these leave you covering damages that aren’t your responsibility. Sometimes when the coins are flipped, and you really are responsible for the accident, they see it as an opportunity to suckle your pocket dry.
While both of these scenarios aren’t ones you pray to find yourself in, there’s always a chance that they can happen, and it never goes in your favor without the service of an experienced car accident lawyer. In truth, every car owner needs an experienced car accident lawyer because of the many benefits that come with it and this article explores some of the major benefits you didn’t know existed.
Benefits of Hiring a California Car Accident Lawyer
While insurance providers work to restrain their financial exposure in the event of an accident, their legal and claims departments will do what they can to settle with you for as little as possible. Your best bet for protecting your rights under the law following an automobile crash is to speak with a local attorney. A theory will be developed through analysis of the accident report and interviews with witnesses, and physical evidence will be collected and stored. You can expect a much higher settlement offer if you engage an attorney after a car accident.
A lawyer who specializes in auto accidents will work to protect your rights and interests. While you focus on getting better from your injuries, your attorney will handle all the necessary paperwork. If you hire a lawyer to handle your case, you won’t have to worry about wasting time or energy.
After a car accident, it is critical to retain legal representation immediately. This will give your car accident lawyer the information he needs to start filing your claim and talking with the insurance company on your behalf. Now you may put your full attention on healing your wounds. To speed up the healing process after an auto accident, it’s helpful to shift some mental and physical burdens onto your attorney. You should go to the hospital immediately if you have been seriously hurt. Don’t panic if you don’t experience pain right away; stay calm until help arrives. Receiving prompt medical attention is critical to your health and rehabilitation. If you put off seeing a doctor, your injuries could worsen, undermining your court case. You could also file a lawsuit against the person who caused your injuries if they have left you permanently disabled.
Car Accident Lawyers and Insurance Companies
Your attorney for a car accident knows how to deal with insurers. They know the tricks that insurance claim adjusters use to get the company to pay out less money. Because of this, they will be better able to negotiate fair compensation on your behalf. An attorney can act as a go-between when dealing with insurers. They can end up using scare tactics and trick questions from insurance providers. Your auto accident lawyer can also estimate your future medical expenses as part of your compensation. If the other party’s carelessness contributed to the accident, they would also know how to raise your payment.
Insurance adjustors rarely dig into the backstory of an accident to find out what happened. A good car accident attorney will aggressively pursue the facts to prove your case. For instance, if an intoxicated motorist was to blame for the collision, your attorney will look into the case. The staff will find out if anyone was careless in serving him alcohol after he was already drunk. If that’s the case, the lawsuit could be amended to include them in your compensation.
The Importance of Police Reports for Car Accidents
A crucial piece of evidence in any California car accident is the police report. This is a document created by the responding officer to the accident; in this doducment it lays out the basic facts of the accident – location, time of day, weather condition, and other factors. It is crucial that you get this report once it is available and give to your California accident attorney. Unsure how to get your accident report in California? Check out our guides on how to get a Stockton, CA accident report, how to get a Modesto, CA accident report, how to get your Stanislaus County accident report, how to get your San Joaquin County accident report, and how to get a California Highway Patrol accident report.
Police report not created for your accident? You will need to file your own police report. Curious of how long you have to file a police report in California? Learn how to file a police report in Modesto, CA and how to file a police report in Stockton, CA.
Top 4 Benefits of Having a Good Car Accident Lawyer
1. Filing a Lawsuit
When there is a car accident, you should first file a lawsuit against the other party. Your car accident lawyer takes a deep eye on every aspect of the collision and makes sure all parties are held accountable for the crash that took place. The results of these lawsuits can be either financial or personal, such as physical therapy or surgical procedures. Auto accident attorneys can guide you through the process, including any legal proceedings, so you have confidence that you are taking the necessary steps to ensure your future care and well-being. Here, you will demystify what an auto collision lawyer can do for you in terms of key benefits.
2. A Good Car Accident Lawyer Can Prove Injuries and Evidence
During a car accident case, a prolific lawyer will always go the extra mile to protect his client from any type of mishap. That’s why, in court, your attorney will seek compensation based on the evidence you provide, including photos, witness reports, statements of car collisions, and other evidence. Therefore, stay calm, and you will soon receive your rights. Injury sustained in a car accident may make it impossible for you to walk to court. As soon as your attorney gets the settlement offer from the other side and has determined that it is fair, he’ll notify you. You need not spend a day at work attending court proceedings or negotiating with insurance companies on your own. Your attorney represents you in court, negotiates your settlement with the other party, advises you about insurance procedures and filing claims, etc. settlements and represents you with insurance companies on your behalf.
3. Car Accident Lawyers Get You Paid
Car accidents are a major cause of worry for most people and car accident lawyers are a must. A car accident attorney will help in getting compensation against third-party liability insurance companies and ensure that you get your medical bills paid, vehicle repair cost reimbursed, lost wages covered and other damages compensated by the guilty driver/insurance company within an appropriate timeframe. As a result, you don’t have to worry about anything in the case because the lawyer will handle it for you.
4. Success with an Auto Accident Attorney
Interestingly, the most acknowledgeable point of hiring a well-versed attorney is that you should win the case immediately. Additionally, you will recover all the liabilities such as car damage expenses, medical bills, or something related to the mishap you lost in your car accident.
Impact of Technology On Car Accident Investigations
When there is a car accident, you should first file a lawsuit against the other party. Your car accident lawyer takes a deep eye on every aspect of the collision and makes sure all parties are held accountable for the crash that took place. The results of these lawsuits can be either financial or personal, such as physical therapy or surgical procedures. Auto accident attorneys can guide you through the process, including any legal proceedings, so you have confidence that you are taking the necessary steps to ensure your future care and well-being. Here, you will demystify what an auto collision lawyer can do for you in terms of key benefits.
Technology In Car Accident Investigation
Technology is becoming increasingly crucial for looking into accidents and finding problems. Technology, like Advanced Driver Assistance Systems (ADAS) and GPS data, makes it easier to get necessary proof and information that used to be hard to find. For example, dashcams are becoming increasingly popular with drivers and are now widely used in car accidents. These dashboard-mounted cameras collect images of the road ahead and can provide critical evidence in determining fault. Dash cameras can also help determine if a driver was distracted or broke the road rules at the time of an auto accident.
Impact Of Technology on Car Accident Investigations In More Detail
As technology has improved, it has become easier and more accurate to look into car accidents and determine who was at fault. Here are five ways that technology is influencing car accident investigations:
- Dash cams: The use of dash cams have become more important in establishing fault in auto accidents. Drivers are increasingly turning to it to investigate car accidents and determine fault, which can improve the chances of a positive settlement for the victim. Dash cameras can also assist in determining whether or not a driver was distracted or violated traffic laws at the time of the accident.
- Advanced Driver Assistance Systems (ADAS): Advanced Driver Assistance Systems (ADAS) can alert drivers of lane departures during an accident. The collision avoidance system can assist in identifying the cause of the accident by analyzing each car’s direction change, braking intensity, and speed. This information can determine fault and potential compensation for the victim.
- Data Analysis: Data analysis is examining and interpreting large amounts of data (gathered using other technological instruments or human resources) using sophisticated tools. This will help investigators identify subtler patterns and trends in car accident cases.
- Smartphones: Cell phones with GPS and accelerometer sensors have become crucial in examining car accidents. This data provides precise details on a car’s speed and location during an accident and helps determine the cause through reconstruction.
- Virtual Reality: Virtual reality technology replicates accident scenes, allowing investigators to examine the situation 3D and better understand how the accident occurred. This technological development allows for the simulation of many scenarios, which aids in determining the underlying cause of a car accident.
Conclusion with Technology and Car Accident Investigation
Undoubtedly, technological advancements have greatly facilitated the investigation process for car accidents. However, there are underlying challenges associated with these technologies, and specialists must carefully find out how to understand and use the data to avoid complexities in car accident cases.
Appeal Process in a Car Accident Case
A party has the right to appeal a trial court’s decision in an automobile accident case to a higher court if the party is dissatisfied with the trial court’s decision. Within a certain time frame, usually 30 days, they must file a notice of appeal. The superior court to whom this notification is submitted will consider it. Both parties can then assemble their legal arguments and evidence in written briefs during appeals. The appellate court will consider these briefs and possibly even listen to oral arguments before making a final decision. The decision of the appellate court is final unless a higher court decides to hear an appeal. It’s crucial to remember that the appeals process is distinct from the initial court case as it does not allow for new evidence or witnesses to be presented. The appellate court will only review the evidence and testimony from the initial case. Thus, it is of utmost importance to have a strong case and be well-prepared to present it to the appellate court.
What To Do During An Appeal Process in a California Car Accident Case
When you’re in a car accident and decide to appeal the decision of the first court case, here are some essential things to keep in mind:
- Hire an experienced attorney: an attorney who focuses on car accident cases and has been through the appeals process before can give you good advice and represent you. They can help you make a good case for an appeal and understand the rules and deadlines of the law.
- Review the decision and evidence: Before filing a notice of appeal, you should review the original court case’s decision and the presented proof. This will help you find any mistakes or inconsistencies in the judgment and determine if you have a good chance for an appeal.
- Gather new evidence: It’s essential to find and present further information in the appeal if it wasn’t looked at before or could change the conclusion. This could consist of expert testimony, medical records, or witness accounts.
- Be prepared for oral arguments: The appellate court may occasionally hear oral arguments from both parties, so be ready for them. Before the hearing, preparing and practicing your argument is crucial so you can adequately make your case.
- Be patient: The duration of the appeals procedure might range from months to years. Being patient and taking your time is crucial. Have faith that the appellate court and your lawyer strive to make the most equitable and just ruling.
- Stay organized: Keep all important information and evidence together and keep track of all paperwork and deadlines.
Who to Call After a Car Accident?
Our Car accident attorneys are very skilled and fight hard. If you find yourself in need of legal assistance after a car accident, consider reaching out to a reputable car accident lawyer near you. Call us today for a free consultation.