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California Car Accident Lawyer

Car Accident Lawsuits - An Overview

An auto accident is a danger each of us faces nearly every day. One of every 100 Americans will be in a car accident this year. Most of us will be in at least one car accident by the time we reach age 30. Many car accidents are minor, but many others are devastating. Injuries from car accidents killed more than 41,000 people in 2007.

Physical injury is not the only cost. Economic loss from car accidents was $230.6 billion in 2000. This included time lost from work, property damage, medical expenses and traffic delays. Car accidents also leave emotional injuries. According to the American Psychological Association, car accidents are the most frequent cause of emotional trauma for men and the number two source of trauma for women.

If you suffer injury or loss from an auto accident, it is important to know your legal rights. Contact a car accident injury attorney promptly to discuss your options. A car accident lawyer can provide you with a clear explanation of your rights and help you make the best decision regarding your auto accident injury case.

Recovering Damages for a Car Accident

All drivers are required by law to exercise reasonable care. A driver who fails to exercise reasonable care and causes a car accident is liable for the injuries and damage he causes. Speeding, running a traffic light, ignoring a road sign, and using a cell phone are examples of careless and negligent driving.

Even though you believe that the driver's carelessness caused the accident, he may not agree. His lawyers may assert that he was not at fault or that the amount you are asking him to pay is too high. In that event, your car accident lawyer will have to take him to court. In such a lawsuit, the victim bears the burden of proving to the court that the driver wrongfully or negligently caused the car accident and the victim's injuries and losses.

Other Parties Who May Be Liable

Some car accidents are caused by factors beyond the control of either driver. A defective tire could blow and send a car spinning. A poorly maintained road could damage an axle. A flawed design could cause a vehicle rollover. In such cases, the victim of an auto accident may be entitled to financial compensation from parties not directly involved in the accident.

When a car is unsafe because of its construction or design, the car's makers, designers and distributors may be liable. The same is true for defective car parts and components, such as brakes that fail or airbags that never deploy. An automobile mechanic may be liable if faulty or incomplete repairs contribute to causing the car accident. State and local governments may be liable for poorly kept or designed roads, faulty construction, or confusing road signs that caused or contributed to the car accident injury.

Defenses to a Car Accident Lawsuit

If you bring a lawsuit for auto accident injuries, the defendant's lawyer may raise certain legal theories in order to bar or minimize his liability. The defenses available in auto accident injury cases vary by state. Two common defenses are:

• Assumption of the risk. The defendant may not be liable if he can show that the victim voluntarily exposed himself to the risk of a car accident. This defense depends on proving that the plaintiff had knowledge of the risk of an auto accident and voluntarily exposed himself to the risk.
• Comparative negligence. The defendant's liability may be reduced if he can prove that the victim or a third party was partly to blame for the auto accident. Laws in most states apply this theory of comparative negligence. When it applies, the damage award against a defendant may be reduced or eliminated depending on the role of the victim or a third party in causing the victim's auto accident injuries.

A car accident injury lawyer can tell you more about the defenses available in your state and how they apply to your auto accident case.

Damages You can Recover for a Car Accident

If you are involved in a car accident, you may be entitled to recover damages for your injuries and losses. Typically, these may include compensation for your physical and emotional injuries, medical expenses, damage to your car and property, lost wages and lost earning capacity.

In cases in which the auto accident injury resulted in death, the victim's estate and relatives may be entitled to recover damages. These damages provide compensation for the victim's death and for family members' loss of the victim's love and companionship.

The damages that can be recovered vary with each case. Applicable law and the facts of your case will determine the available car accident injury damages. For specific information on the car accident injury damages that may be available to you for your auto accident injury, contact an experienced car accident injury lawyer in your area.

If You Are In a Car Accident

If you are involved in a car accident, do not leave the scene. If you do, you could be charged with a crime for hit and run, whether or not the car accident was your fault. Instead, your first priority should be to attend to yourself and others. Call 911. Seek medical treatment if you are injured and help get treatment for others.

After attending to the immediate needs of yourself and others but while still at the scene, take down notes about the accident. These will prove useful to your car accident lawyer and your insurance company later on. Write down as much other information as you can about others involved in the accident, how it happened, and weather and road conditions.

You should cooperate with law officers investigating the scene. But do not admit to any liability or blame. Anything you say to the police may be used against you later.

As soon as possible after the car accident, contact an experienced car accident lawyer. The attorney can review your car accident injury case with you and explain your rights and options. An experienced auto accident lawyer can help you obtain full compensation for all damages you are entitled to recover.

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