If you have been involved in a car accident, you may be facing tremendous physical and financial losses. To protect your interests and right to financial compensation for these losses, you should consult with a Santa Clara car accident lawyer for help. Our team at Suits Litigation Inc. can investigate the details of your accident, determine who was liable, and make a demand for compensation for your injuries and other losses.
Types of Car Accidents in Santa Clara
The Valley Transportation Authority (VTA) reports that in 2022, there were 529 people severely injured or killed in car accidents in Santa Clara County. There are several types of car accidents that can cause severe injuries and fatalities. Common types of car accidents in Santa Clara include the following:
- Rear-end collisions
- Head-on collisions
- T-bone collisions
- Sideswipe collisions
- Rollover collisions
- Multiple vehicle collisions
- Single-car collisions
If you were injured in any type of car accident that was caused by another party’s negligence, you may be eligible to obtain compensation for your injuries. Reach out to a car accident lawyer in Santa Clara as soon as possible after your accident. We can review the details of your wreck and determine who may be liable for compensating you for your losses.
Common Causes of Santa Clara Car Accidents
Car accidents can be caused by a variety of factors. Often, these causes are a result of another party’s negligent behavior. Car accidents in Santa Clara are commonly caused by the following factors:
- Speeding
- Driving while distracted
- Driving aggressively
- Driving under the influence of alcohol or drugs
- Failing to obey traffic laws
- Driving on the wrong side of the road
- Tailgating
- Driving hazardously in weather or road conditions
- Poor road conditions
- Defective vehicle parts
- Turning incorrectly
- Failing to properly yield the right-of-way
If one of these causes led to your car accident, you may be eligible to file a legal claim for compensation for your injuries. California is an at-fault state, which means that the person responsible for causing your accident is also responsible for compensating you for your injuries that were caused in the collision. A Santa Clara auto accident attorney can investigate your collision to determine if it was caused by someone’s carelessness.
Injuries Obtained in Santa Clara Car Accidents
Injuries sustained in car accidents in Santa Clara, CA can range from minor to severe. Some accidents can even be fatal. Injuries that can be sustained in car accidents include the following:
- Whiplash
- Concussions
- Sprained ligaments
- Strained muscles
- Broken bones
- Internal organ damage
- Back and spinal cord injuries
- Neck injuries
- Traumatic brain injuries
- Burns
- Amputation
- Paralysis
- Disfigurement
- Death
If you have suffered an injury in a car accident caused by someone’s negligence, it is important that you seek immediate medical attention even if you do not know you are hurt. Sometimes injuries can be masked due to shock or adrenaline, and sometimes you cannot see your injuries. A Santa Clara car accident attorney will need to rely on your medical records to support your claim for monetary damages.
Liability for Car Accidents in Santa Clara
As previously mentioned, California is a fault state, and the party liable for your accident is responsible for compensating you for the injuries you sustained. There are several parties that can be held responsible for car accidents in Santa Clara. For example, the following parties may be labile for your car accident:
- Another car driver
- A truck driver or owner
- A trucking company
- A motorcyclist
- A pedestrian
- A rideshare company
- A mechanic who worked on a vehicle involved in the accident
- The manufacturer of your car
- The manufacturer of a vehicle part
- A municipal or government agency responsible for signage or maintaining the roadways
In some instances, more than one party can be liable for causing your injuries. A skilled auto accident lawyer at Suits Litigation Inc. will collect and review pertinent evidence regarding your accident to determine who can be held responsible for compensating you for your losses. Proving negligence is key to obtaining damages in a Santa Clara car accident case.
Comparative Negligence in a Santa Clara Car Accident
Sometimes you may hold some responsibility for your car accident. In California, this is okay. The state follows a pure comparative negligence standard.
The state’s pure comparative negligence law allows injured parties to collect damages in a personal injury claim as long as they are no more than 99% responsible for their accident. Any compensation you are awarded in your personal injury suit will simply be reduced by the percentage you are at fault. Do not assume that just because you played a role in your car accident that you are not entitled to damages.
Proving Negligence in a Santa Clara Car Accident Claim
To be awarded damages in your car accident claim in California, you must prove by a preponderance of the evidence that the other party acted negligently. There are certain elements you must prove to establish negligence. In California, you must prove the following elements to show liability for the injuries sustained in your car wreck:
- Duty of care: The other party owed you a duty of care that another reasonably prudent person would exercise under similar circumstances.
- Breach of the duty of care: That party breached their duty of care by acting carelessly or negligently.
- Causation: The person’s breach of duty of care directly caused the injuries you sustained in your car accident.
- Damage: You suffered actual damages as a result of the party’s breach of duty.
A Santa Clara car accident attorney will review the evidence obtained in your personal injury claim to determine if these elements can be proven. If they can, you are eligible to file a lawsuit for damages. At Suits Litigation Inc., we know what evidence is needed to establish liability and prove your injuries.
Evidence To Support Your Santa Clara Car Accident Claim
It is essential to gather evidence that will support your claim for damages after a car accident in Santa Clara, CA. Evidence can come in many forms. Commonly gathered evidence used to prove liability and negligence in a car accident case includes the following:
- A police report
- Photos or videos of the accident scene and vehicles involved
- Statements from individuals who witnessed the accident
- Medical records and bills
- Photos of your injuries
- Journal entries regarding what you recall about the accident
- Notes of your symptoms
- Records of any vehicle recalls
- Cell phone records
- Accident reconstruction reports
- Expert opinions
As you obtain any of these items, it is important to immediately pass them along to your auto accident lawyer. If you are having difficulty attaining information or documentation that can be helpful to your case, we can help obtain this important evidence. We can also connect you to medical providers and experts who can support your claim.
The Statute of Limitations for Filing a Car Accident Claim in Santa Clara
In California, the statute of limitations for personal injury cases is typically two years. This means that you have two years from the date of your accident to file a lawsuit against the parties responsible for your injuries. Missing this critical deadline can result in giving up your right to file a claim for compensation forever.
It is important to consult with a Santa Clara auto accident lawyer as soon as possible after your accident to ensure all legal deadlines are met. There are some instances in which you are required to file a special administrative claim before filing a lawsuit. Failure to follow the state’s rules regarding filing legal claims will render your claim invalid.
Damages You Can Collect in a Santa Clara Car Accident Claim
Once liability for your car accident is established, you may be entitled to recover damages for your injuries and other losses. There are three primary categories of damages you may recover in a California personal injury claim. These damages are as follows:
Economic Damages
Economic damages are your monetary losses. They are easy to calculate. Your economic damages can cover past and future expenses.
Commonly recovered economic damages include your past and future medical expenses, therapy, medication costs, and surgeries. They also include your past and future lost wages and loss of earning capacity. Any property damage caused in your accident is also considered economic damage.
Non-Economic Damages
Non-economic damages are your non-monetary losses. They are more difficult to calculate because they are subjective. In other words, they do not have an exact value because they are largely based on your personal feelings.
Common examples of non-economic damages include your pain and suffering and emotional distress. These damages also include loss of enjoyment of life and inconvenience. If you are married, your spouse can also recover damages for loss of consortium as a result of your injuries.
Punitive Damages
Punitive damages are neither economic nor non-economic. In other words, they are not awarded to compensate you for any of your losses. Rather, they are generally intended to be punitive in nature and deter further reckless behavior.
Punitive damages are awarded only in rare instances. You can be given these damages if the party responsible for your injuries acted in a grossly negligent, malicious, or willful manner. If the liable party was not motivated by malice or intentional recklessness, you are not likely to receive punitive damages.
Getting help from an auto accident attorney in Santa Clara can increase your chances of obtaining maximum compensation for your injuries and other losses incurred as a result of your car accident. We know what evidence is needed to establish liability and demonstrate your injuries. It is important to consult with us as soon as possible so we can begin documenting your losses and filing your claim for compensation.
What To Do After a Car Accident in Santa Clara
If you have been injured in a Santa Clara car accident, it is important that you take certain steps to protect your rights to compensation. There are several things that you should and should not do after a collision. Here are some of the most important things you should do after a car accident:
- Move your car out of traffic if possible
- Call the police or 911
- Take photos or videos of the accident scene and the vehicles involved
- Exchange contact and insurance information with the other party
- Get contact information for any potential witnesses to the accident
- Avoid making statements to anyone at the scene
- Request a copy of the accident report from law enforcement
- Get medical attention even if you do not have visible injuries
- Report the accident to your insurance company
- Avoid posting anything regarding the accident or your injuries on social media
- Avoid giving a recorded statement to the insurance adjuster
- Avoid accepting a settlement offer from the insurance company
- Consult with a Santa Clara car accident lawyer immediately
It is important to note that insurance adjusters have one primary goal, which is to pay out as little compensation for injuries as possible. As such, taking these steps can protect your right to file a legal claim for maximum compensation. Retaining a car accident lawyer from Suits Litigation Inc. as soon as possible after your accident will increase your chances of obtaining maximum compensation and allow you to focus on recovering from your injuries.
How a Santa Clara Personal Injury Attorney Can Help After Your Car Accident
Retaining a car accident lawyer after your accident is beneficial for many reasons. We are able to handle your claim from its inception to resolution. We will gather pertinent evidence, negotiate with the insurance company, file a lawsuit if needed, and take your case to trial, if necessary, to help you obtain the damages you deserve.
James C. Suits, II Will Fight for You After Your Santa Clara, CA Car Accident
Dealing with insurance adjusters after a car accident can be incredibly stressful and lead to minimal compensation for your injuries and other losses. At Suits Litigation, Inc., we have over two decades of experience and are committed to obtaining the highest recovery possible for your injuries. We are knowledgeable regarding California law and how it relates to your personal injury claim.
Contact us as soon as possible after your Santa Clara car accident. We will schedule a free consultation to discuss your accident and resulting injuries. Let us help you get on the road to recovery.