Best car accident lawyers in California
California Car Accident Lawyer, As we travel the roads and freeways in California each day, we usually trust that we will arrive at our destination without incident. Yet every day, careless drivers cause hundreds of accidents on California roads which lead to countless injuries and fatalities.
Fortunately, accident victims are able to file a claim against the other driver’s insurance in order to cover the cost of medical bills, lost wages, and other financial damages caused by the accident.
Maison Law was founded by Martin Gasparian to protect innocent drivers in the aftermath of these difficult situations. Mr. Gasparian worked for large, nationwide corporations for a decade and got a first-hand lesson in how insurance companies maneuver for their own benefit and never for the benefit of the accident victim who has suffered and sometimes continues to suffer. Mr. Gasparian then started his own law firm to give accident victims in California a voice and to make sure they are informed of their rights and given the power to demand what’s fair. These are things an insurance agent definitely won’t tell victims about.
Best car accident lawyers in California
The California auto accident lawyers at Shouse Law Group assist crash victims to file a claim and get financial compensation. We can help you get all the medical treatment you need. Even if you have no health insurance or can’t afford the copays.
We manage everything. So you can focus on recovering and getting your life back.
Motor vehicle accidents are the most common cause of personal injuries in the United States. Every year, nearly 2 million people are injured in motor vehicle crashes. More than 200,000 people are injured each year just in California.1 Auto crash injuries in California can cost victims tens of thousands of dollars in:
- Medical bills,
- Lost wages, and
- Car repair bills.
The driver who was at fault for causing the collision is liable to the other drivers or passengers for their injuries or damages. Fault in a California car crash is based on which driver was negligent in causing the accident. However, even when both drivers are at fault, the injury victim may still be able to recover some damages from the other driver.
Not all vehicle wrecks in California are caused by negligent drivers. Collisions can also be caused by defective car parts, hazardous road conditions, or even driverless vehicle malfunctions. In these cases, vehicle- or parts manufacturers or government agencies may be at fault for the crash.
Vehicle crash injury victims may need to hire an auto accident attorney to get the insurance company to cover their damages fully. In some cases, the attorney will need to file a personal injury lawsuit to make the liable party pay for money damages.
Compensatory damages available in an automobile wreck injury lawsuit may include:
- Medical expenses,
- Lost income,
- Loss of earning capacity, and
- Pain and suffering.
Before dealing with the insurance company or taking a settlement check, talk to our California car accident lawyers about your case. Below, our California personal injury lawyers discuss some frequently asked questions about car accident cases in California:
1. Who is at fault in a California car accident?
Fault in a California vehicle crash can be complicated. Generally, a party’s fault is based on “negligence.” When a driver is negligent and causes an injury, the negligent driver may be liable for any damages. A car accident attorney can be instrumental in building a case that the other party was negligent.
Negligence can include careless driving. Or not paying attention to other drivers on the road. “Negligence per se” can apply if there were violations of traffic laws. Some of the most common causes of motor vehicle crashes include:Speeding,
- Running a red light,
- Texting while driving,
- Distracted driving,
- Drunk driving, or
- Failing to yield the right of way.
Under California’s negligence laws, when a negligent driver causes injury or damage to another, the negligent driver is liable for those damages. In order for an injury victim to get compensation in a personal injury lawsuit, the plaintiff has to show the defendant was negligent in causing the pileup. The legal standard for negligence in a California vehicle collision lawsuit are:
- The defendant owed the plaintiff a duty of care;
- The defendant breached that duty of care through negligence; and
- The defendant’s negligence was a substantial factor in causing the plaintiff’s injuries.2
Drivers in California owe others on the road a duty to use reasonable care when operating a vehicle. The duty of care for drivers involves:
- Using reasonable care when operating a vehicle;
- Looking out for pedestrians, obstacles, and other vehicles; and
- Controlling the speed and movement of the vehicle.3
When a driver fails to use reasonable care and it causes an accident or injury, the negligent driver is liable for damages.
Example: Bella was driving home from school. Michael was going a little over the speed limit because he was late for work. Michael was texting his boss that he was going to be a few minutes late when he looked up and suddenly saw Bella’s vehicle stopped in front of him. Michael hit Bella’s car, causing her to suffer car damage and neck injuries totaling $10,000.
If a jury determines Michael was driving negligently because he was not looking out for other vehicles and did not use reasonable care, Michael may be liable for Bella’s damages as the at-fault driver.
In some cases, both drivers may be partially at fault for causing an accident if both were negligent. Under California’s “comparative fault” law, even if both drivers share some of the fault, an injured driver can still get some damages. However, the amount of damages may be reduced based on the driver’s share of fault.4
Example: In the example above, it turns out Bella had dropped her phone on the floor and hit the brakes in the middle of the road to reach down and grab it. A jury finds Bella is 40% responsible for the accident and Michael is 60% responsible.
Bella may be able to recover $6,000 in damages from Michael. Under principles of comparative negligence, Bella’s award is reduced based on her comparative level of fault. ($10,000 minus 40% equals $6,000).
Negligence and fault in a California car wreck can be complicated. Each side may blame the other for causing the fender bender. A driver may not have any proof that the other driver was to blame and the insurance company may not be interested in finding out what really happened.
Talk to your California motor vehicle injury lawyer about your case. Your
can give you a better idea of how strong your case is and what damages may be available. Your attorney can also investigate the accident, subpoena records to find out what really happened, and negotiate with the insurance adjuster to get you the most money available.