California Car Accident Attorney
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Car Accident FAQs (Claims and Compensation)

Car accidents have legal consequences. Under the Tort Law, car accident victims have the right to file for claims for any damage and physical injury they have sustained after the accident.

  1. Why do car accidents happen?

    • Driving Under the Influence. Substances such as alcohol, drugs whether prohibited or bought over the counter can diminish people’s reflexes and impair their judgment and motor skills; thus accidents are more likely to happen.

    • Speeding while Driving. States impose speed limits because drivers are more likely to lose control of their vehicles while speeding.

    • Poor Vehicle Maintenance. One of the most common reasons for road accidents is faulty car parts such as worn out tires and car brakes that do not work.

    • Reckless driving. Traffic rules exist for a reason—to make roads safer for motorists and pedestrians. However, failure to follow traffic rules such as beating the red light can result to fatal road accidents, injuries, and damage to property.

    • Driver Distraction. According to a recent report, texting while driving is one of the leading causes of road accidents in the US. One study also revealed that 37 percent of drivers aged 18 to 27 admitted to texting behind the wheel.

  2. What should one do after being involved in a car accident?

    The first rule in any car accident is to call for help. The police as well as emergency medical assistance should be contacted, depending on the severity of the accident.

    Also, a very important rule is that the driver should never leave the scene of the accident especially in cases where other people got hurt. Fleeing the scene is a crime and could aggravate your liability.

    Be sure to also get proper medical attention or see a doctor even if you don’t have any external wounds. This would also serve as evidence later on if you do decide to pursue a lawsuit.

  3. In car accidents, what should be established in order to receive a claim for damages?

    • The defendant has an obligation to provide safety to other people.

    • The defendant failed to do his obligation.

    • The defendant’s failure to do his obligation has resulted to injuries to another person.

    • The victims’ sustained injury is a result of the accident.

    • Compensation is necessary for the damages and injuries the victims had sustained.

  4. What can I recover if I file for damages?

    • Medical expenses and other future needs

    • Loss of potential wage or salary

    • Mental and emotional distress and other non-economic damages

    When the road accident resulted to death, surviving relatives of victims can file for wrongful death claims which cover:

    • Burial cost

    • Non-economic damages including loss of companionship and pain and suffering

  5. How do I file a claim if I get injured in a car accident?

    A car accident claim should be filed as soon as possible as there is a Statute of Limitations for personal injury damages.

    Some insurance companies would offer to settle the claim for damages but the victim should make sure not to sign any documents that would absolve the defendant’s liability. It is important to seek the advice of a car accident attorney so as to not be short-changed in claiming damages.

    In case the amount of the damages is $5,000 or less, the matter may be brought to a small claims court where the presence of a lawyer may not be necessary. However, if damages are at a higher amount, it would be best to be represented by an attorney.