A major auto accident has the power to drastically alter the rest of your life. Accidents occur unexpectedly, suddenly, and when you least expect them. Even when you drive defensively and within the law, they can still occur. Unfortunately, it goes beyond simply being a cautious driver. No matter how carefully you drive, you could still end up in a collision if another reckless motorist makes a terrible error.
The San Jose car accident attorneys at Suits Litigation, Inc. are here to help drivers, regardless of the severity of their accident. Our car accident lawyers can provide assistance to drivers through the entire legal process, even all the way to trial if necessary.
What is a Car Accident Lawyer?
A lawyer that ensures their clients are completely informed of all pertinent laws and procedures will oversee insurance claims and legal actions for personal injury claims from a car accident. If injured in an automobile accident that was caused by someone else’s negligence, a car accident lawyer can help with a personal injury claim.
An attorney will always defend the victim’s rights and pursue their best interests. Car accident lawyers can help with every aspect of a lawsuit and effectively negotiate a just settlement.
A knowledgeable lawyer will also know how to build a strong case and secure the compensation their clients are due. They will gather all necessary proof to establish responsibility and pursue any due compensation.
How Can a Car Accident Lawyer Help?
An attorney will defend your interests and be committed to upholding your rights throughout the accident claim and lawsuit filing processes. Experienced auto accident attorneys can help you with every aspect of a lawsuit or claim and can expertly negotiate a just settlement. The following scenarios can be handled by attorneys for automobile accidents:
- a lawyer can hire experts to help with scene analysis and even injuries sustained
- determining who was at fault and what percentage of fault
- Establishing the value and costs of your injuries
- if required, a lawyer can bring a personal injury lawsuit in court
- lawyers are also equipped to handle insurance claims and deal with insurance companies and adjusters
- lawyers can negotiate a reasonable settlement before needed to go to trial
- there were likely witnesses, and lawyers can help by tracking them down
In order to help with an injury claim from an automobile accident brought on by someone else’s negligence, one should get in touch with a car accident attorney right away. An experienced attorney will guide victims through each step of the legal and insurance claim procedure, ensuring that they are aware of all relevant rules and legislation.
What to Do After a Car Accident?
Stop if you are involved in a car accident. If you continue driving, you risk being found guilty of “hit and run” and receiving a harsh punishment. Someone might be hurt and in need of assistance. To report a collision to the police or California Highway Patrol, dial 9-1-1 right away.
To the other driver or drivers, or to an officer, you must present your driver’s license, vehicle registration card, proof of financial responsibility, and current address. The name and policy number of an insurance provider serve as typical proof of financial obligation. You will be given a citation and a fine if you don’t have your insurance and registration to show to the office or drivers.
Common Reasons for Car Accidents
No matter how cautious they are, most drivers will experience at least one automobile accident in their lifetime. You are more likely to suffer injuries or lose your life in a car accident than you may realize. One out of every three people involved in a crash will suffer an injury or death, according to recent statistics. In California, the following are a few of the frequent reasons for car accidents:
- dangerous speed
- driver inattention
- using the wrong side of the road to drive
- incorrect turns
- rules of right-of-way being broken
- violation of warning and stop signs
- using a mobile phone
Car accidents may be traumatic. There is a lot going on, and you might not know what to do. When a car accident was caused by someone else’s failure to follow the rules of the road, they are responsible for any injuries caused. When bringing a case to court, the victim is required to prove the negligence of the other party.
Showing Fault and Proving Negligence After a Car Accident
If you’re thinking about taking legal action after a car accident, it’s crucial to gather strong proof of negligence. Evidence may include eyewitness accounts, video footage, and even admissions from the other driver. It’s not always easy to gather this proof, but we can assist you.
It is necessary to show that the driver’s carelessness or recklessness caused your accident, injuries, and damages in order to prove negligence. In other words, to prove negligence, you must gather proof that the other driver’s actions were consistent with the four elements of carelessness, as they are known in personal injury cases. There are four components of negligence:
- Duty (to the other drivers)
- Breach of the Duty
- Duty Caused the Accident (causation)
- Damages (injury or property damage occurred)
All four elements of negligence must be proven in order for a court to find the defendant guilty and hold them accountable for the injuries caused in the accident.
Filing a Personal Injury Lawsuit
After an accident, speaking with a car accident lawyer may help in determining the value of the case. An attorney will be aware of the specifics and circumstances of the case when a client meets with them to discuss it and will be able to gather the required proof. An attorney might then be prepared to represent their client’s rights by contacting the insurance provider or bringing a lawsuit.
Depending on state rules and deadlines, there are several time frames for filing a lawsuit following an automobile accident. The statute of limitations refers to the maximum length of time that parties involved have to bring a lawsuit and start the legal process. For personal injury cases, California has a two-year statute of limitations. The majority of auto accident lawsuits are settled out of court, and many are even settled out of court before a lawsuit is even filed. There is typically a chance to settle the dispute without resorting to legal action. However, if there are disputes regarding crucial facts, such as determining who was at fault or the extent of a claimant’s injuries, going to court may be absolutely necessary.
The whole length of a car accident case can range from several months to several years. The amount of time depends on a number of variables, including the litigation techniques each party uses and how eager each side is to reach a settlement, which could happen at any point in the process.
The Litigation Procedure for Personal Injury Suits
Civil cases, usually referred to as civil processes, are legal actions that demand restitution for losses brought on by car accidents. Despite the fact that every state has its unique civil lawsuit laws, the same fundamental framework typically applies.
The court receives a complaint from the plaintiff, who is the person bringing the action. Answering, the defendant gives an explanation and submits papers to the court.
The next stage of the legal procedure is discovery, which gives the parties the opportunity to exchange information and evidence in support of their respective claims and defenses. This is likely the stage of the lawsuit that takes the longest, as both the plaintiff’s and the defendant’s legal teams must compile and review every piece of evidence pertaining to the accident, including accident scene photographs, the police report, witness statements, medical records, and medical bills.
Despite the fact that there is no defined duration, a car accident trial typically only lasts one or two days. These trials could be heard by a jury or just one judge in a bench trial scenario. In some places, the initial legal complaint has to do so in order to demand a jury trial. After all the evidence has been given, the jury or judge then decides on the matter.
Damages One Can Collect After a Car Accident in San Jose
Your right to compensation following a car accident will depend on your injuries, the extent of the car’s damage, the insurance coverage each driver had, and other circumstances. Drivers may be able to file a claim with the appropriate insurance companies and file a personal injury lawsuit against the party or parties at fault in order to recover compensation for their injuries.
Economic and non-economic damages are usually awarded in personal injury lawsuits.
Non-economic damages, also known as general damages, are used to make up for non-financial losses suffered by motorcycle accident victims as a result of the collision. Compensation for mental distress, pain and suffering, a deterioration in the quality of life, disfigurement, and a temporary or permanent handicap are examples of common non-economic losses following a motorcycle accident. Non-economic damages are more challenging to prove because there won’t be a bill or receipt for mental agony.
Economic damages, also known as special damages, are compensation for out-of-pocket expenses incurred as a result of the accident. Economic damages include expenses for replacing or repairing vehicles that can be directly linked to the collision. In the case that the victim’s injuries prevent them from working, economic losses will also include missed wages and earning potential. All medical expenses, including continuing therapy and treatment fees, as well as past and present medical expenditures, will also be covered by it.
Involved in an Accident with an Uninsured or Underinsured Driver
When you own and operate a car or another motor vehicle, auto insurance can assist with compensation recovery for any injuries or property damage that may result. Any vehicle you possess must be accompanied by proof of financial responsibility in the event that someone is hurt or their property is damaged. The majority of people purchase motor liability insurance as a sign of responsibility. According to California law, all drivers and owners of motor vehicles must be able to demonstrate financial accountability at all times, and they must always keep proof of the type of financial responsibility in force for the vehicle in the vehicle.
Without auto liability insurance, you run the risk of being penalized, having your license suspended, and having your car seized.
In California, the insured driver has the option to buy extra insurance in cases where other drivers are either underinsured or uninsured. An uninsured driver is someone whose insurance coverage has expired or who was involved in a hit-and-run accident when their identity is unknown. A driver who has less insurance coverage than the losses they contributed to in an accident is said to be underinsured.
Uninsured motorist coverage must be included in your insurance in order for you to get compensation if you are hit by an uninsured driver. You will need to submit a number of documents and information to your insurance provider in order to “trigger” the coverage for uninsured motorist claims.
California Car Accident Statistics
In the US, California has the most deadly auto accidents each year. It is just behind Texas as the state with the second-highest number of fatal accidents. Based on statistics from the NHTSA Fatality and Injury Reporting System Tool for the past ten years, 3,322 Californians lose their lives in automobile accidents on average each year.
Comparatively, 684 people are typically killed in auto accidents each year in the US. From 2010 to 2019, the number of Californians killed in collisions increased by 33%. Due to the fact that many fatalities can occasionally occur in a single automobile accident, the number of fatalities is a little higher than the number of fatal crashes.
Hiring a California Car Accident Attorney
The San Jose automobile accident attorneys at Suits Litigation, Inc. have nearly two decades of experience. If you have been injured in a car accident, truck accident, motorcycle accident, or any other type of roadway accident, you should contact a San Jose car accident lawyer as soon as possible. Contact Suits Litigation today to schedule a free consultation.