Get Just Compensation For The Car Accident Injuries You Sustained In Alameda, California
Most individuals who have been driving for a considerable period have encountered a car accident or minor collision. While minor accidents can be distressing and inconvenient, they do not warrant serious concern. However, some people may experience severe accidents resulting in painful injuries, long-term disability, or even wrongful death. That’s where our car accident attorney in Alameda CA comes in.
Although automobile insurance may cover some expenses, victims may need to pursue legal action to receive appropriate compensation for their suffering. If you have sustained significant injuries in a car accident, the initial weeks after the incident are crucial.
It is imperative to seek the assistance of our car accident attorney in Alameda CA as soon as possible to ensure that your car repair estimates are accurate and that your future settlement is protected. At The Law Offices of Andrew Dosa, our team of personal injury attorneys provides dedicated and individualized services to clients across California.
We understand the distress associated with being a victim of a severe car accident and have extensive experience in managing the logistical details so that you can focus on healing, both physically and emotionally.
Why Do I Need a Car Accidents Attorney in California?
If you have been involved in a car accident in California, it is highly recommended that you seek the assistance of our accomplished car accident attorney in Alameda CA. Here are some reasons why:
- We have a thorough understanding of California’s laws regarding car accidents. We can help you navigate the complex legal system and ensure that your rights are protected.
- We can investigate the accident and determine who is at fault. We will work to gather evidence, including witness statements and police reports, to build a strong case on your behalf.
- Insurance companies are notoriously difficult to deal with, and they often try to settle claims for as little money as possible. We can negotiate with the insurance company on your behalf and work to secure a fair settlement.
- We can ensure that you receive the maximum compensation possible for your injuries, damages, and losses.
- If your case goes to court, we can represent you and fight for your rights. We will use our knowledge of the law to argue your case and work to secure a favorable outcome.
Hiring our versed car accident attorney in Alameda CA can provide you with peace of mind and a higher likelihood of a successful outcome in your case.
What Are the Different Causes of Car Accidents in California?
Car accidents can happen due to various reasons, some of which are caused by external factors, while others result from the drivers’ actions.
Occasionally, automobile collisions occur for unforeseen reasons, such as:
- Hazardous conditions caused by winding mountain roads or inclement weather
- Poor road maintenance resulting in deep potholes and road debris
- Manufacturing defects in one or more automobiles, such as faulty steering or brakes
- Unexpected road obstructions, such as an animal, a fallen rock, or a package from a passing truck
Driver-caused accidents can be attributed to a lack of attentiveness, irresponsibility, or thoughtlessness. The majority of accidents are caused by drivers who:
- Changing lanes recklessly
- Auto racing
- Motivated by road rage
- Interaction with passengers
- Texting or making phone calls
- Eating, drinking, or adjusting the radio
- Reaching for an item in the glove compartment or beneath the seat
- Driving under the influence of alcohol or drugs
- Driving while drowsy or physically fatigued
In cases where two or more of these factors coexist, the ensuing accident can be fatal. For instance, driving while under the influence while simultaneously talking on the phone or speeding on icy roads is an extremely deadly combination.
What Are the Most Common Types of Car Accidents?
The Law Offices of Andrew Dosa handles different types of incidents, and among them, some frequently lead to severe injuries for the affected parties.
- Rear-End Collisions – involve a driver colliding with the vehicle in front of them
- T-Bone Crashes – side-impact collisions commonly referred to as “T-bone” accidents, take place when the front or rear of a car hits the side of another vehicle
- Sideswipe Accidents – occur when the sides of two vehicles collide while both are traveling in the same direction
- Head-On Accidents – when two vehicles traveling in opposite directions collide directly with each other
- Single-Vehicle Accidents – involve only one vehicle and can occur as a result of colliding with a stationary object or veering off the road
- Rollover Crashes – when a vehicle overturns due to a collision or departure from the roadway
- Hit and Run Accidents – refers to any type of collision where one of the drivers involved decides to leave the scene without providing their contact information
What Are the Common Car Accident Injuries in California?
Getting fair compensation from insurance companies after an accident is crucial to your recovery, as it affects not only your immediate health and financial stability but also your future. The injuries you sustained may require further medical attention, such as surgery and physical therapy, or result in long-term disabilities that may require job retraining and special equipment for travel and daily living.
Some of the common injuries resulting from these accidents include:
- Head and Brain Injuries
- Neck, Back, and Spine Injuries
- Soft Tissue Injuries
What to Do Following a Car Accident in California?
By following these measures after being involved in a car accident, you can safeguard both your well-being and entitlements to receive compensation.
- Dial 911
- Receive medical attention
- Take photographs
- Don’t admit fault or apologize
- Collect vital information
- Document what happened
- Avoid contact with the insurance company
- Keep copies of documents and receipts
- Call a California personal injury lawyer
Having our skilled legal representative handle your claim can allow you to prioritize your health while we manage legal matters. At The Law Offices of Andrew Dosa, we are experienced in dealing with insurance company strategies. It is crucial to act quickly after an accident to enable us to build a strong case on your behalf. Thus, don’t delay in seeking assistance from us, and contact us today.
Who Can Be Held Legally Liable for My Car Accident Injuries in California?
In California, several parties can be held legally liable for your car accident injuries, depending on the circumstances surrounding the accident. Here are some potential parties:
The Other Driver
If the accident was caused by another driver’s negligence, such as speeding or running a red light, they can be held responsible for your injuries.
If the driver who caused the accident was driving someone else’s vehicle, the owner of the vehicle may also be held liable.
If the at-fault driver was driving a company vehicle or conducting work-related activities, their employer may also be held liable.
If the accident was caused by a hazardous road condition, such as a poorly maintained road or malfunctioning traffic light, the government entity responsible for maintaining the road or traffic light may be held liable.
If the accident was caused by a defective vehicle part, such as faulty brakes or tires, the manufacturer of the vehicle or part may be held liable.
Determining liability in a car accident can be complex, and it often requires a thorough investigation. It is recommended that you speak with our personal injury attorney to help you determine who may be held legally liable for your injuries.
How to Prove Negligence in California Car Accident Injury Claim?
To prove negligence in a California car accident injury claim, you need to establish the following four elements:
Duty of Care
The first element is to establish that the at-fault party owed you a duty of care. In the context of a car accident, all drivers have to exercise reasonable care while driving to avoid causing harm to others on the road.
Breach of Duty
The second element is to show that the at-fault party breached their duty of care. This can be demonstrated by showing that the driver failed to exercise reasonable care, such as by speeding, running a red light, or texting while driving.
The third element is to prove that the breach of duty caused the accident and resulting injuries. This can be established through evidence such as witness testimony, police reports, and medical records.
The fourth element is to show that you suffered damages as a result of the accident, such as medical bills, lost wages, and pain and suffering.
It is highly recommended that you work with our car accident attorney in Alameda CA who can help you gather and present the necessary evidence to support your claim and prove negligence.
What Will Happen If You Are Involved in an Accident While in Someone Else’s Car?
As a passenger in a car accident, you have the right to file a claim for damages against the driver’s insurance provider if they were at fault. If the driver of the car you were in was at fault, you can file a claim against their insurance as well.
Passengers are vulnerable to the same injuries as drivers and may suffer even more severe injuries due to the lack of advanced safety features in backseats. This can result in expensive hospital bills and lost wages. To cover these costs, you can file a claim with the at-fault driver’s insurance company for compensation.
It is not necessary to worry about financial harm to the driver as the claim targets their insurance company. If you were a passenger in a rideshare vehicle, such as Uber or Lyft, and were involved in an accident, you can also file a claim for compensation from the driver’s auto insurance and the rideshare company’s insurance coverage.
What If I Am Accused of Contributing to My Car Accident in California?
In California, you can still receive compensation for your accident even if you are partly at fault because it is a comparative fault state. The amount of compensation you receive will be reduced based on the percentage of liability you share for the accident.
Our committed car accident attorney in Alameda CA will work tirelessly to ensure that liability is apportioned correctly in your case, so you receive the full compensation you are entitled to by law.
What Recoverable Damages Are Available in a Car Accident Injury Claim?
When you’re involved in a car accident and file a personal injury claim, the damages you receive will depend on the losses and injuries you sustained. As the plaintiff, you’ll request maximum compensation for your losses from the at-fault party. Damages in a personal injury case are categorized as economic and non-economic compensatory damages.
Economic damages have a specific dollar value, such as medical expenses or vehicle repairs, while non-economic damages can be challenging to evaluate, such as pain and suffering. The following are typical compensatory damages in a California car accident case:
- Healthcare expenses
- Costs for vehicle repairs or replacement
- Income lost due to inability to work
- Loss of future earning potential
- Treatment for medical emergencies
- Physical treatment or occupational treatment
- Pharmaceuticals and medical supplies
- Future medical care and treatment
- Pain and suffering
- Compensation for amputation
- Damages for scarring or disfigurement
- Consanguinity loss for a spouse or partner
There are certain instances where you may be entitled to receive punitive damages. These damages are also known as exemplary damages and can be awarded if the other driver was purposely trying to harm someone, was reckless or committed a hit-and-run.
What is California’s Statute of Limitations for Car Accident Injury Claims?
If you have sustained injuries in a car accident in California due to someone else’s negligence, you can file a claim to seek compensation for both economic and non-economic damages.
The California Code of Civil Procedure Section 340 mandates that the statute of limitations for car accidents is two years from the accident date, after which the injured party is prohibited from filing a lawsuit. However, there are some exceptions to this rule, such as for those who lack mental capacity.
Different legal claims have different statutes of limitations, including medical malpractice, breach of contract, and fraud, which are also specified in the California Code of Civil Procedure.
It’s important to consult our car accident attorney in Alameda CA to determine the relevant statute of limitations to avoid losing your claim due to the expiration of the time limit.
What Factors Can Affect the Statute of Limitations for Car Accident Injury Claims in California?
- Damage to Property – the statute of limitations for claiming damages to repair your vehicle or other property losses is three years
- Wrongful Death – the period for filing a lawsuit related to the death of an individual starts from the day of the person’s demise, even if it occurs at a later time after the accident
- Claims Against Governmental Organizations – personal injury case against a governmental entity should be submitted within six months. When the governmental entity rejects the claim, you must file a lawsuit within one year of the denial of the claim.
- Injuries to Minors – the statute of limitations for a child under 18 who is injured in an accident does not commence until the child reaches 18 years old
- Unavailability of the Defendant – the time limit can be extended in certain circumstances such as the person you plan to sue is incarcerated, mentally unstable, or has left the state, the statute of limitations may be extended.
- Defendant Bankruptcy – if the person responsible for your accident files for bankruptcy, any lawsuit filed to collect damages from them will be put on hold until the bankruptcy proceedings have been finalized.
Get Free Consultation From Our Seasoned Car Accidents Attorney In Alameda CA
For years, our car accident attorney in Alameda CA has been assisting individuals involved in car accidents in Alameda and across California. It is not advisable to confront the insurance company independently if you have been a car accident victim.
You are entitled to legal rights that safeguard your welfare, and you might be eligible for more compensation than what the insurance company is willing to offer. However, you may not be aware of the exact amount unless you contact our personal injury lawyer.
Do not let the insurance company determine the worth of your claim. Book a free consultation with The Law Offices of Andrew Dosa today. We’re also ready to assist you legally with Criminal Defense, Estate Planning, and Civil Litigation.