All About The Legal Torts

Car Accident Attorney by MVP Accident Attorneys

Jun 2

CAR-ACCIDENT CASES

 

Car accidents are the leading cause of injury in the United States. However, most people don't realize that they could happen to them or their loved ones. The shock of a car accident can be catastrophic. Add to that the possible injuries, which can make the situation even more difficult. It can be difficult to deal with this event, but there are systems in place that will help you get the compensation you deserve from the people responsible.

 

MVP Accident Attorney can assist you with the aftermath of an automobile accident. Our car accident attorney is devoted to your case. We know how to handle these cases, negotiate with insurance companies, and assess the value of your case so that you get the maximum compensation.

 

Listed below are some of the many reasons to hire a personal injury attorney from The MVP Accident Attorneys.

 

  • We are always available
  • Our injured clients have received millions in settlements and verdicts
  • We have dealt with thousands of cases
  • If you don't win, you don't have to pay

 

WHO IS LIABLE IN THE EVENT OF A CAR ACCIDENT?

 

California law says that the responsible party for a car accident is the person who caused it. This law is followed by states known as "fault state". California recognizes cases in which more than one person was responsible for an accident. California applies a strict comparative negligence rule in these situations. You are still entitled to compensation even if you were partially at fault for the accident that caused your injuries.

 

The "pure" in pure relative negligence is that you can still file a claim, regardless of how much fault you have in the accident. Your compensation will be reduced according to the percentage of fault that you are found responsible for in all cases. If you are 20% responsible for an accident that caused your injuries, the amount of compensation you receive will also be reduced by 20%.

 

AUTO INSURANCE REQUIREMENTS

 

Accidents happen, even if we take every precaution and exercise care on the roads. All California drivers must have car insurance to legally drive a motor vehicle. Car insurance covers you for any damages you cause to other drivers in California, as long as your policy limits.

 

California law requires that drivers have at least the minimum amount of auto insurance coverage.

  • Bodily Injury Liability Coverage: $15,000 per Person / $30,000 Per Accident
  • Property damage coverage: Minimum $5,000

 

Drivers can also opt to buy uninsured motorist coverage. This covers them for personal injuries and property damage if they are struck by an insurable driver. However, this coverage could be waived.

 

If elected, the minimum coverage for uninsured motorists is:

  • Uninsured motorist bodily injury coverage: $15,000 per individual / $30,000 per incident
  • Property damage coverage for uninsured motorists: Minimum $3,500

 

It can be difficult to actually collect this coverage after an accident. When evaluating claims, the main goal of an insurance company is to pay as little as possible to protect its interests. An attorney can protect you from unfair treatment and increase your chances of getting the compensation you are entitled to under your policy.

 

CAR ACCIDENTS

 

It can be easy to blame the other party when someone is in a car crash. While you might be right, there are many factors that can affect who is liable for injuries. The causes of car accidents are not well known so it can be difficult to navigate the legal system. Understanding how accidents can occur is important so that you are able to pursue legal action in an informed manner. Many car accidents can be attributed to:

  • Negligence by a driver: There are certain actions that a driver could make to be negligent while driving. These are usually illegal acts, such as driving under the influence of alcohol or drugs, driving distracted or recklessly. You could be speeding, cutting through traffic, or doing other reckless driving acts. Distracted driving could be caused by cell phone use or passengers doing things that directly cause the driver's negligence to swerve, cut-through traffic, or other negligent actions.
  • Product defects some people might not know that there is a product defect. It means that something on the vehicle caused the collision. If a driver tries to brake at a red light and the brakes fail, they will not be able to stop. This could lead to a T-bone or rear-end collision.
  • Road hazards: An accident can happen when there are specific road dangers. Drivers can lose control of their vehicles due to potholes, and missing traffic signals can lead to serious confusion at intersections. These kinds of accidents are common and the person or entity responsible should ensure that everything is safe.

 

WHAT YOU CAN DO TO PREPARE FOR YOUR CASE

You may be wondering what to do next if you have never been in a car crash. First, get checked by a doctor as soon as you can. Even if you don't believe you have sustained a serious injury, it is worthwhile to have your medical professional examine you. Some injuries may not cause you any problems until days or weeks later.

Also, it is important to remember all details. It is important to write down all details that you can recall as quickly as possible. If you have the ability to take photos of the accident, this can be very helpful. Every detail could make a difference in your case. Don't be afraid of noting down even the smallest details. To validate your claim, you will need to prove that another party was at fault for the accident. We will assist you in arguing for this and conduct our own investigation. However, we can only help you if you tell us anything.

 

A COMPREHENSIVE CHECKLIST of WHAT TO DO AFTER a CAR ACCIDENT IN CALIFORNIA IS AVAILABLE HERE

  • Always pull over to assist anyone injured. It is a crime to flee an accident scene in California. You will also be unable to receive any compensation for your injuries.
  • Call 911 if anyone is hurt. If someone is seriously injured or unresponsive, call an ambulance immediately. Keep your hands on them but do not try to move or give medical attention unless you are certified in first aid.
  • Call the Police: It's always a good idea for a driver to immediately call the police after a car accident. This allows a professional to assist with information exchange and create an official report. California law requires that drivers call the police within 24 hours after an accident that causes injury or death. Drivers must notify the Department of Motor Vehicles within 10 days of any accident that causes injury, death, or property damage exceeding $1,000.
  • You will need to exchange information once the police arrive. These include names, addresses, and phone numbers as well as driver's license numbers, vehicle registration information, and insurance information. Make sure you get the contact information of any witnesses.
  • Don't apologize for the crash or talk about it with other motorists. Even the most innocent of remarks, such as "I'm sorry" and "I didn’t see you", can be taken to mean that you are admitting fault. Tell the police what you think happened. Avoid making speculative statements and be truthful.
  • Gather evidence: Your smartphone is your best asset at the accident scene. It can be used to take photos or videos of all vehicles involved in an accident, their position relative to one another before they are moved, tire tracks, debris, traffic patterns, and weather conditions, as well as other details to help you understand what happened. Before you have your injuries treated, take photographs.
  • Seek medical help: If you were fortunate enough not to require emergency medical attention on the spot after you have been cleared by police to leave seek medical care as soon as you can. Minor aches and pains could be the first signs of more serious injuries. If left untreated, they can get worse. Not only will it protect your health but also help you to establish a medical record that can be used later in your personal injury or insurance claim.
  • Call your insurance company: Most auto insurance policies require drivers to notify their insurers within a few days of a collision to be eligible to receive coverage. Your claim for compensation could be denied if you wait too long. You should tell them enough information to file a claim. However, you must not disclose the details of your case until you have spoken with an experienced attorney.

 

COMMON ACCIDENT INJURIES

Side, head-on, and rear-end collisions are the most common types of an auto accidents. The injuries that they caused, small and large, should also be known. Talking to an attorney about your accident will help you better understand your case and the possible outcomes depending on your circumstances.

 

COMMON INJURIES INCLUDE

 

  • Burns, bruising, and cuts: This can happen in any kind of accident. The cuts can be caused by flying glass or broken glass. These may also leave scarring. The driver's body striking the door or steering wheel, or a body part being caught between two objects can cause bruises. Burns can also occur in an accident. Cars can catch on fire and hot liquids can leech out and burn the skin.

 

  • Limb injuries The Feet and legs, as well as the hands and arms, are all at risk in a collision. Simple and complex fractures are possible. Drivers may inflict a sprain on their ankles, or lose fingers and toes. In severe cases, the accident may result in the loss of limbs.

 

  • Shoulder and hip injuries: Drivers could sustain a fractured pelvis due to the shock that is generated upon impact. The shock that passes through their hands while they grip the steering wheel can cause their shoulders to lock up instinctively.

 

  • Internal bleeding If the body is struck by an object or flying debris, then it can cause severe internal bleeding. Most commonly, chest injuries are caused by the steering wheel and seatbelts.

 

  • Whiplash or spinal injuries: When there is a rear-end collision, whiplash is almost always present. It refers to an injury to the neck muscles and ligaments. This can cause nerve damage and even result in the death of the spinal cord. The collision force could cause a fracture in the cervical spine and vertebrae of the neck. Crash victims might experience a herniated or slipped disc in their lower backs.

 

  • Traumatic brain injury: These can happen when the head strikes the side window or steering wheel, or when the brain collides with the skull's interior. Most TBIs are caused by car accidents. TBIs can cause disorientation, memory loss, or other mental changes. TBIs can range in severity from mild to severe, with mild being considered a concussion. The mental changes that are more severe will last longer.

 

  • Post-traumatic Stress Disorder: Approximately 9% of victims of car accidents develop this condition according to the National Center for PTSD. Moreover, PTSD risk is not related to crash severity but more to victims' mental health and their response to the crash. Flashbacks, nightmares, or fear of driving can all be symptoms of PTSD.

 

WHAT IS WHIPLASH?

 

Whiplash is a common injury in car accidents. This can cause severe pain, which can lead to medical bills, physical therapy, and a prolonged recovery period. Whiplash is a sudden acceleration and deceleration that causes a person to be thrust forward and backward. This can cause severe injuries to the neck and head of the victim. Whiplash is most commonly caused by rear-end collisions with cars. Whiplash injuries can cause permanent damage and require medical attention.

 

SERIOUS WHIPLASH CAN RESULT IN:

 

  • Extreme neck pain
  • Headaches that cause severe pain
  • Tingling, or numbness that moves into your arms or hands
  • Balance or coordination loss
  • Instability around the neck
  • Concussions
  • Spinal issues
  • Depression, anxiety, increased irritability, and behavioral changes are all mental health issues.

 

CAR AFFAIR FREQUENTLY ASKED QUESTIONS (FAQ)

 

HOW LONG DO YOU HAVE TO FILE A CLAIM?

 

California's statute of limitations for filing a claim for car accident damages is two years after the injury. You have two years to file a claim for compensation. However, you only have three years to file a claim for vehicle damage if you do not want to be injured.

 

WHO IS ATT FAULT IN A REAR-END COLLISION

 

Chances are, if you are struck from behind by another vehicle on the road, the other driver is at fault. This holds true regardless of why you stopped. Drivers are responsible for maintaining a safe distance between themselves and the vehicle in front.

 

Drivers behind you should be able to respond appropriately if you have to brake suddenly to avoid an animal on the road.

 

This rule is not absolute. There are exceptions, however. These exceptions are governed under the laws of comparative neglect. You may be partially responsible if your brake lights are out on your car.

 

WHY DO YOU NEED A LAWYER, IF I HAVE AUTO INSURANCE?

 

If everything were perfect, you'd be able to collect all the compensation that you are entitled to from your insurance company and the insurance of the other driver after a collision. This is not always the case. In the end, insurance companies do not care about your best interests and will rather protect their bottom line than provide maximum payouts. An attorney can ensure that you are treated fairly by insurance companies and maximize your chances of securing full compensation for your losses.

 

I HAVE BEEN GIVEN A SETTLEMENT OFFER. SHOULD I TAKE IT?

 

No. An insurance company will almost always offer you a lower settlement than what you actually owe. Accepting the offer will mean that you cannot seek additional compensation, even if your losses prove to be greater than you thought. Before you accept any offer of insurance, it is a good idea to consult an attorney.

 

MY INJURIES IMPAIR ME FROM WORK. HOW DO I AFFORD A LAWYER

 

After a car accident, the last thing you should worry about is how you will pay for an attorney's services. MVP Accident Attorneys accepts all cases involving car accidents on a contingency basis. This means that you will not pay anything if we lose or settle your case. Your legal fees will be calculated based on the amount of compensation that we receive on your behalf. All costs associated with your initial recovery will be covered by us.

 

CONTACT NOW TODAY FOR A FREE CONSULTATION

 

This is not something you have to do alone. MVP Accident Attorneys provides dedicated support to our clients in California as they heal from injuries and decide what next. Dealing with insurance companies is something you shouldn't have to worry about during healing. We are able to speak with them so that you don't have to.

 

WE MANAGE MANY NICHE AREAS OF AUTO ACCIDENT CLAIMS.

 

  • Drunk driving accidents
  • Texting while driving
  • Ride Share Accidents
  • Motorcycle accidents
  • Truck Accidents
  • Call (833) MVPWINS to speak with an MVP Accident Attorney if you've been hurt.

 

HIRE THE BEST PERSONAL INJURY ATTORNEYS IN IRVINE TODAY

MVP Accident Attorneys

18650 MacArthur Blvd Suite 350,

Irvine, CA 92612

Phone: 949-944-1000