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Your Rights After an Auto Accident May Include:

  • Getting your car repaired or replaced
  • Obtaining a rental car at no cost to you
  • Having your hospital & ambulance bills paid for
  • Receiving medical treatment at no out-of-pocket cost
  • Securing compensation for your pain and suffering
  • Being paid for lost time from work
Car Accidents

Car accidents don’t just happen by “accident.” They occur because someone was careless. Drivers are usually distracted by interacting with other passengers, using a cellphone, looking at something in the vehicle, looking at something outside of the vehicle, singing/dancing to music, grooming, or doing something else when they should have been watching the road.

Car accidents are the highest percentage of personal injury cases. According to the California Department of Transportation, there have been more than 300,000 annual traffic accidents in our state in recent years. Over 600,000 drivers are using an electronic device while driving.

Of those accidents, almost 87,000 resulted in injuries, and there were more than 5,000 deaths.

5 Most Common Causes of Car Accidents:

  • Speeding

  • Drunk Driving

  • Distracted Driving

  • Auto Defects

  • Driver’s Negligence

Most Common Types of Car Accidents

  • Head-on Collisions

  • T-Bone Accidents

  • Rollover Crashes

  • Sideswiping

  • Hit and Run

Common injuries from a car accident

  • Spinal Cord Injuries

  • Head Injuries

  • Broken Bones

  • Paralysis

  • Massive Bruising

  • PTSD and Emotional Issues

In order to get compensation for your injuries, you have to show that a third party was negligent and that their negligence caused your injuries. Negligence is when someone doesn’t act as they should have under the circumstances. For example, if someone is driving and they crash into the back of another car, that would be considered negligence.

If you are injured and partially at fault, the law may prevent you from recovering damages in court. In some places, if you are more than 50% at fault, you can’t recover anything. In others, your recovery will be reduced according to how much responsibility you had for the injury. Still, other places have a mix of these rules.

If someone else is completely responsible for your injury, how much money can you get?

A lot of people think that if you get injured, you can get three times as much money as your medical expenses. This is not true. You can get money to put you back in the same place you would have been if it wasn’t for the other person’s mistake. This includes getting paid for past and future medical expenses, the cost to repair or replace anything that was damaged because of the accident, and money for pain and suffering.

Determining the cost of repairing a vehicle is an objective process. This is because you can usually expect to get similar estimates from different body shops in your area. Juries can sometimes award very different amounts of money for pain and suffering in similar cases. This is because they may have different experiences with pain, or they may like one person more than another. It is also important to remember that how a case is presented can affect the jury’s decision. This is why it is so important to choose the right law firm.

I was in two car accidents. Will the second accident affect my case from the first one?

To receive compensation for bodily injury, a plaintiff must prove that the defendant was negligent and that the defendant’s negligence caused the plaintiff’s injuries. This means that the defendant in your first car accident might argue that you are unable to prove which of your injuries were sustained in your first accident, as opposed to your second accident. The defendant in your second accident would likely argue the same thing.

If you got injured in a second accident and the injuries were different from the first, it is easier to prove which ones were from the first accident. Sometimes, it is even possible to prove which injuries came from which accident, even if the same body part was injured in both. This is often done by comparing medical tests that happened between the first and second incident with tests done after the second incident.

If you can prove that you injured the same body part in both accidents, but can’t prove how much each accident contributed to the injury, the burden of proof shifts to the defendants. If the defendants can’t prove how much their negligence contributed to your injury, then they are all liable for the whole injury (assuming liability can be established).

If I was involved in a car accident and my airbag did not deploy, can the manufacturer be held liable for my injuries?

Airbag failure cases can be complicated. You must prove that the airbag should have been deployed and that you were injured because of the airbag’s failure. Just because an airbag was recalled does not mean that it automatically caused your injuries. Airbag failures can often lead to lawsuits. One common defense used by the company is that the claimant’s injuries would have been worse if the airbag had been deployed. This is a difficult argument to overcome because it requires retaining experts. The defense typically argues that the fact there was a recall is not admissible evidence. The rationale for this is that if we allowed people to be held responsible for taking measures to fix things, then fewer people would take action to fix dangerous conditions.

Airbag claims are generally pursued as a last resort because they can be expensive and there might be another driver who was at fault for the crash and has enough liability coverage.

If you are considering pursuing an airbag claim, you should speak with an experienced personal injury attorney.

What if the other driver was uninsured or underinsured?

If you were hit by an uninsured or underinsured driver, you may still be able to collect compensation for your injuries through your insurance policy. You will need to check your policy to see if you have coverage for this type of accident. If you do have coverage, it will likely come in the form of either collision coverage or uninsured/underinsured motorist (UIM) coverage. Collision coverage will pay to repair your vehicle, while UIM coverage will pay for your medical expenses and other damages.

If you don’t have collision or UIM coverage, you might still be able to sue the other driver if you can prove that he or she was at fault for the accident. However, it can be difficult to collect compensation from an uninsured or underinsured driver because he or she may not have the assets to pay a judgment.

What if the other driver was intoxicated?

If the other driver was intoxicated at the time of the accident, you may be able to sue him or her for punitive damages. Punitive damages are designed to punish the wrongdoer and deter others from engaging in similar conduct. To recover punitive damages, you will need to prove that the other driver’s intoxication was a factor in causing the accident. This can be done by showing that the driver had a high blood alcohol concentration (BAC) at the time of the crash.

It is also important to note that, in some states, a driver can be held liable for your injuries even if he or she was not intoxicated at the time of the accident. This is because these states have what are known as “dram shop” laws. Under dram shop laws, a bar or restaurant can be held liable for serving alcohol to a minor or someone who is already intoxicated. If the intoxicated person then goes on to cause an accident, the victim may be able to sue both the drunk driver and the establishment that served him or her.

What if I was hit by a hit-and-run driver?

If you were hit by a hit-and-run driver, you may still be able to collect compensation for your injuries through your own insurance policy. You will need to check your policy to see if you have coverage for this type of accident. If you do have coverage, it will likely come in the form of either collision coverage or uninsured/underinsured motorist (UIM) coverage. Collision coverage will pay to repair your vehicle, while UIM coverage will pay for your medical expenses and other damages.

In some states, you may also be able to file a police report and get compensated through a state-funded program. These programs are typically only available if the hit-and-run driver cannot be identified.

What if I was hit by a commercial truck?

If you were hit by a commercial truck, you may be able to sue the trucking company. Trucking companies are required by law to carry liability insurance that covers accidents caused by their drivers. The amount of coverage will depend on the type of truck and the state in which it is registered.

It is important to note that, in some states, a trucking company can be held liable for your injuries even if its driver was not at fault for the accident. This is because these states have what is known as “vicarious liability” laws. Under vicarious liability laws, a company can be held liable for the actions of its employees. If a truck driver causes an accident while working for a company, the company may be held liable for the driver’s actions.

What if I was hit by a car while walking or biking?

If you were hit by a car while walking or biking, you may be able to sue the driver of the car. You will need to prove that the driver was at fault for the accident. This can be done by showing that the driver was speeding, texting, or otherwise not paying attention to the road.

It is important to note that, in some states, drivers are required to give pedestrians and cyclists a certain amount of space when passing them on the road. If a driver fails to do this, he or she may be held liable for any accidents that occur. If you are in an accident, you should check your insurance policy to see if they have coverage for this type of accident. If they do have coverage, it will likely come in the form of either collision coverage or uninsured/underinsured motorist (UIM) coverage. Collision coverage will pay to repair your vehicle, while UIM coverage will pay for your medical expenses and other damages.

In some states, you may also be able to file a police report and get compensated through a state-funded program. These programs are typically only available if the hit-and-run driver cannot be identified.

What if I was in an accident with a rental car?

If you were in an accident with a rental car, you may be able to sue the driver of the other vehicle. You will need to prove that the driver was at fault for the accident. This can be done by showing that the driver was speeding, texting, or otherwise not paying attention to the road.

It is important to note that, in some states, drivers are required to give pedestrians and cyclists a certain amount of space when passing them on the road. If a driver fails to do this, he or she may be held liable for any accidents that occur. If you are in an accident, you should check your insurance policy to see if they have coverage for this type of accident. If they do have coverage, it will likely come in the form of either collision coverage or uninsured/underinsured motorist (UIM) coverage. Collision coverage will pay to repair your vehicle, while UIM coverage will pay for your medical expenses and other damages.

In some states, you may also be able to file a police report and get compensated through a state-funded program. These programs are typically only available if the hit-and-run driver cannot be identified.

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