California Car Accident Attorney

Recovering Damages for a Car Accident

If you have suffered an injury or loss in a car accident, you may be able to obtain compensation. Contact an accident injury attorney promptly to discuss your legal rights.

Liability for Damages

All drivers are required by law to exercise reasonable care while driving. A driver wrongfully causes a car accident when he carelessly operates his car in an unsafe manner. Speeding, running traffic lights, ignoring road signs, and using a cell phone are examples of wrongful or negligent acts by a driver.

When a driver's negligence causes an auto accident, the driver may be liable to pay compensation to anyone he injures or for any property he damages. In a lawsuit, the person seeking compensation bears the burden of proving to the court that the driver wrongfully or negligently caused the car accident.

No Fault Insurance

Some states have no-fault insurance systems that allow a car accident injury victim to collect compensation from an insurer regardless of who was at fault. Since no-fault insurance systems vary by state, it is important to find out if your state has one and what it requires.

When Other Parties Are at Fault

Not every auto accident is the fault of those directly involved. A car accident may be caused by a defective vehicle or part, poorly maintained roads or faulty repairs. In such cases, the responsible company or person may be liable to pay the car accident victim's damages. Potential third-parties who may be liable in car accident injury cases include:

• Automobile manufacturers and designers.

• Manufacturers and designers of car parts (for example, tires and airbags).

• Bars and restaurants that sell alcohol to a person who was visibly intoxicated.

• State and local governments that design and maintain freeways, roads and bridges.

Liability for Defective Motor Vehicles

Products liability laws hold the manufacturers of defective cars and car parts liable for car accident injuries they cause. This is called "strict liability" because the manufacturer is liable even if it exercised all possible care. It does not matter whether the car accident victim owned the car or just used it.

In order to receive compensation from a car or car part manufacturer, a car accident victim must show that the car or car part lacked an element needed to make it safe for use. Since car accident products liability laws vary by state, it is important to speak with a car accident lawyer to learn about your state's car accident products liability laws.

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:

• Pain and suffering from car accident injuries.
• Emotional distress from car accident injuries.
• Medical expenses, both current and future, resulting from the car accident injuries.
• Property repairs and losses from the car accident.
• Lost wages while you are recovering and unable to work. Lost or impaired earning capacity if you are unable to return to your job.

Disability and/or disfigurement resulting from the auto accident injury.

In cases in which the auto accident injury resulted in death, the victim's estate and relatives may be entitled to recover damages for:

Wrongful death in the car accident.

• Loss of consortium.
• Loss of companionship.
• Loss of services of a family member.
• Emotional distress.

The damages that can be recovered vary with each case. Applicable law and the facts of your case will determine the appropriate 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.

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