California Car Accident Attorney

Involved in a Car Accident? We Will Help Get You the Maximum Compensation You Deserve

Did you sustain serious injuries in a car accident in California? Do you feel overwhelmed with nerves or anxiousness when thinking about having to go through a personal injury lawsuit? If so, you’re not alone. Many victims of a car accident have had these thoughts and emotions as the process of filing a personal injury claim can feel like a lot to take in. As car accidents are some of the most common types of accidents to occur in the country, it is important that those involved not only take the proper steps to ensure that the damage is covered, but also hire auto accident attorneys to represent you throughout this endeavor.

Finding legal representation for your car accident case is highly recommended, because a car accident attorney will handle all of the difficult tasks such as negotiating on your behalf with insurance companies, properly filing the right paperwork for your personal injury case, and fighting for your right to a just compensation for your injuries. While you are able to file car accident cases on your own, auto accident lawyers can make the experience more seamless while you focus on recovering from any physical or mental injuries you endured from the traumatic event.

If you or a loved one were injured in a serious car accident, it is important that you seek legal representation as soon as possible. As car accident injuries can range from simple scratches to life threatening conditions, it is highly recommended to start the legal process as soon as possible to ensure your claim is properly filed and there are no delays.

At West Coast Trial Lawyers, our team of personal injury lawyers are ready to take on your case and fight for your rights. We are a law firm that specializes in personal injury law and with over 20 years of legal experience, our talented team of car accident lawyers are well versed in the California court system and are confident that they can get you fair compensation for your losses.

We have recovered over $1.6 billion in financial compensation to our deserving clients and we continue to do our due diligence to ensure that they are properly represented and recover compensation for their losses. As car crashes can result in a variety of severe injuries that can limit one’s ability to work, it is important to seek legal representation to ensure that you are not forced to pay for any extensive medical bills. If you have any questions or concerns regarding your case, our 24/7 legal team is available to address them in full detail.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at 213-927-3700 or by filling out our quick online contact form.

California Car Accident Statistics

According to a 2021 Motor Vehicle Traffic Crash report by the National Highway Transportation Safety Administration (NHTSA), there were an estimated 6,102,936 police-reported traffic crashes, and out of that 42,939 people were killed and an estimated 2,497,657 people were injured. Meanwhile, a car accident data report by the Insurance Institute for Highway Safety (IIHS) states that California had a total of 4,428 fatal motor vehicle accidents in 2022, with single vehicle crashes accounting for about 56% of all car accident claims.

With such a staggering number of serious injuries and fatalities from car accidents, it is more important than ever before to properly follow road rules and procedures to ensure that you do not accidentally become involved in a car wreck. However, should accidents happen for whatever reason, it is important to file a personal injury claim with an attorney to ensure that you would be able to financially recover from such a common accident.

Common Types Of Car Accidents

In regards to identifying the most common types of car accidents found in California, there are many different types of accidents that can occur such as single car, multi-car, head-on collisions, rear-ends, and hit and runs. While single car and multi car accidents are some of the most common types across California, it is important to familiarize oneself with the different types of accidents in order to have a better understanding of your situation, especially when you meet with a car accident attorney.

Single Car Accidents

A single-vehicle car accident is when there is only damage inflicted to one vehicle and these types of accidents occur when the driver either loses control of their vehicle or swerves out of control in an attempt to avoid crashing into another vehicle or person. Whatever the reason that has caused was, a single-vehicle car accident would also imply that the car has crashed into a stationary object such as a building, fence, tree, or a wall.

According to a 2021 Fatality Facts report by the Insurance Institute for Highway Safety, about 55% of fatal car accidents are derived from single-vehicle accidents in California. Due to the nature of this type of car accident, the liability will tend to fall onto the driver, however, if there is substantial evidence that proves that the accident scene was caused by another negligent party such as recklessly creating a road hazard then they can be potentially held liable for all damages.

Multi-Car Accidents

A multi-vehicle accident is when two or more vehicles are involved in a car crash either due to the negligence or ill intent of one driver. Multi-car traffic accidents can happen anywhere, but they typically occur in highly congested locations where multiple drivers are in close proximity from one and another. Other factors that may cause this accident include speeding, tailgating, driving under the influence, distracted driving, drowsy driving, and even road rage.

Due to the nature of this type of accident, multi-vehicle accidents are often the most contested between those involved because the party that claims responsibility will be liable for all damages and their car insurance premiums will drastically go up as a result. In addition, a 2021 Fatality Facts report by the Insurance Institute for Highway Safety has discovered that roughly 45% of traffic fatalities are from multi-car accidents and pileups. So should a loved one have perished in a car accident, it would change the nature of the case from a motor vehicle accident to a wrongful death lawsuit.

Head-On Collisions

A head-on collision is a type of car accident where the front ends of two vehicles traveling in opposite directions strike one another at a significant speed. This type of auto accident is highly likely to cause serious and possibly fatal injuries due to the amount of force inflicted onto both drivers and their passengers.

According to a 2021 Crash Type Infographic by the National Safety Council, roughly 27% of all head-on collisions are fatal. While the liability in these motor vehicle collision cases are usually on the negligent driver who caused the car wreck, there are instances where faulty mechanical parts were the leading cause of the accident and the car manufacturer or the mechanic who last worked on the vehicle can be held liable for their negligence. Should that be the case, a thorough investigation needs to be conducted in order to determine who is liable for the damages that have occurred.

Rear End Accidents

A rear-end accident is when one driver crashes into the back of another vehicle. The leading factors for rear-end accidents are due to lack of focus, being distracted, and making general driving errors like miscalculating the distance and speed between each car. As such, rear-end accidents are one of the most common types of car accidents that can occur on the road. However, it is important to note that these types of accidents are less serious due to the amount of protective measures in place to protect the driver that got hit and the other driver who has caused the car accident.

The California Office of Traffic Safety has reported in a Speeding Collision Report that approximately 35% of all speeding related car accidents were rear-end accidents. As such, rear-end crashes are usually faulted to the one who hit the vehicle’s rear bumper plate, but in rare circumstances, a manufacturing defect can be the cause of the accident. While this type of car accident is generally a straightforward case, it can still be sometimes caused by a third party.

Hit and Run Accidents

A hit and run accident is when a driver crashes into another vehicle, pedestrian, or property and leaves the scene immediately after. Hit and run accidents are illegal as per California Vehicle Code 20002 and anyone who flees the accident scene will face up to 6 months in county jail and a fine up to $1,000. However, depending on the severity of the accident the guilty party may also face felony charges should the injured party have suffered severe or even fatal injuries.

According to a hit and run study conducted by the AAA, most hit and run accidents are linked to the condition of the driver as well as the time of the day the accident occurs. For instance, if a drunk driver causes a car accident at 3AM, they are more likely to flee the scene, believing that they can avoid the responsibility of their actions. However, those who cause hit and run accidents will eventually get caught and they will face the penalties for their negligence and recklessness.

Common Types of Car Accident Injuries

When it comes to the most common injuries found in a car accident, head injuries, spinal cord injuries, and internal injuries are the most prevalent due to the amount of force that is inflicted to the body during a car crash. While the severity of the injuries will be dependent on the impact speed, location, and type of vehicles involved, a car wreck can still potentially leave lasting damage that requires either extensive surgery or physical therapy to heal.

If you have been involved in a car accident and would like to file an accident report and a personal injury case to a car accident lawyer, it is important to understand the differences between these injuries so you can make the appropriate filings and have a general expectation in terms of compensation for your injuries.

Head Injuries

According to the National Institute of Neurological Disorders and Stroke (NINDS), a traumatic brain injury is described as a brain dysfunction that is caused by a forceful bump, blow, or jolt to the head. In a car accident, head and brain injuries are very common because the force of impact of a vehicle can cause your brain to rattle inside the skull, causing damage such as bruising and tearing.

Depending on the acceleration and overall force of the impact, the brain can be injured in a number of ways, from light bruising to torn brain tissue. In the event of a severe car accident, brain injuries can become fatal especially if it is not properly treated, and even if you have been involved in a minor car accident. Furthermore, if you have suffered a brain injury in a car accident, there is a possibility you may experience physical or cognitive decline or symptoms. It is still important to seek medical attention to ensure that there are no underlying conditions that may develop over time.

Spinal Cord Injuries

A spinal cord injury is referred to as damage either to the spinal cord or to the bundle of nerves around the spine. Due to the spine’s limited ability to absorb heavy impacts and force, they are a common injury found in motor vehicle collisions and can cause quite a bit of discomfort to the spine and the lower back. However, in some severe instances, it can even affect one’s motor functions and can cause lifelong nerve damage such as paralysis, which can accrue extremely high medical expenses for surgery, physical therapy, and even quality of life adjustments.

As a result, anyone involved in serious auto accidents may have suffered a spinal cord and it is highly recommended to seek medical attention as soon as possible in order to get it treated. Even a minor collision can still cause quite a bit of discomfort and can drastically affect your lifestyle and how you carry yourself at work.

Internal Injuries

One of the most unsuspecting and common car accident injuries, internal injuries are defined as internal bleeding and damage to organs. This type of injury is typically caused by a sudden impact force from another moving vehicle. While the severity of these injuries will vary on the impact force, it can potentially cause injuries such as broken ribs, ruptured organs, and even bone fractures. 

With that in mind, should an accident victim emerge from a car accident appearing fine, they may still have suffered internal injuries. It is important for them to seek a medical professional to make sure that there isn’t any damage that is lying dormant. Should a person have suffered an internal injury and does not get it checked out, it can potentially develop into something serious and possibly life threatening.

Determining Liability In a Personal Injury Claim

Determining liability after a car wreck can be difficult, especially if more than one party is involved. You will need to gather information and evidence to have solid proof to determine who committed acts of negligence. Negligence is referred to as a form of reckless or careless behavior that has led to the accident in question. It is against the law to perform negligent actions as it can pose a safety risk to others nearby. To successfully prove negligence, you will have to present the following three elements:

• The defendant owed you a duty of care
• The defendant breached his or her duty of care through negligence
• The defendant’s negligence was the primary cause of the injuries you sustained

What Is a Duty of Care?

A duty of care is defined as a legal obligation that is required for a person to follow in order to prevent foreseeable harm from happening to others. For example, in the case of a car accident, every driver on the road has a duty of care to ensure that they are paying on the road and are obeying traffic laws accordingly. If a driver was speeding or driving while under the influence and ultimately caused a car accident, then that driver will be held accountable for any and all damages.

With that in mind, if you have been involved in a car accident, it is important to take account of every detail leading up to the accident and should you require additional assistance, car accident lawyers are able to help determine liability and who has broken their duty of care.

Available Damages In a California Car Accident

When it comes to recoverable damages in a car accident claim, the severity and scale of the accident in question will help determine what kind of damages accident victims can recover. From what is typically seen in California car accidents, injured victims can either recover economic, non-economic, and possibly even punitive damages for a car accident. While the awarded compensation will greatly depend on the circumstances involved in your case such as how well the negotiations goes through between you and the insurance company, it is important to familiarize yourself with how these damages differ from each other to serve as a point of reference for your car accident injury claim.

Economic Damages

Economic damages are referred to as calculable expenses that have arisen due to the accident in question. For example, costs such as medical expenses, property damage, lost wages, future medical bills, and quality of life adjustments are all calculable expenses that a victim can be compensated for being a victim to an unfortunate car accident. They are calculated by determining the amount of out-of-pocket losses a victim has or will expect to incur as a result of their injuries and are designed to make car accident victims financially whole.

Non-Economic Damages

Non-economic damages are referred to as incalculable expenses that have occurred as a result of the car accident in question. These damages are thought of as subjective in nature thus the value will vary on a case-by-case basis. For example, loss of consortium, emotional distress, loss of enjoyment of life, and pain and suffering are all subjective and will affect a car accident victim differently. As such, a car accident attorney will need to prove that the car accident has had a profound effect on their client and their lifestyle in order to recover non-economic damages for them.

Punitive Damages

Punitive damages are separate from compensatory damages (economic and non-economic) and are intended to punish a wrongdoer for their negligent or deliberately harmful behavior. While punitive damages are rarely issued, it is meant to serve three purposes, to deter similar accidents from occurring in the future, set legal precedence, and to give the victim and their family justice and closure. For example, driving without a license, reckless driving, hit and runs, and intentional acts of violence are all punishable in California.

Why Should You Hire a California Car Accident Attorney?

If you or a loved one have been involved in a car accident, it is important to have legal representation to help settle the matter. By hiring a California car accident attorney, they will help strengthen your personal injury claim and negotiate with insurance companies on your behalf to get you recoverable compensation for your damages. This includes receiving coverage for medical bills, property damage, lost wages, pain and suffering, quality of life adjustments, and any other medical attention that you may need in the future.

While it is not mandatory to hire a car accident lawyer for your personal injury case, it is important to note that your chances to recover compensation will not be as high when compared to having experienced car accident lawyers working for you. This is due to the fact that accident attorneys are well versed in handling car accident claims objectively and thoroughly and will not be distracted by any personal ties to the case.

In addition, if an insurance company notices that you do not have an attorney on your side, they will view you as an easy target to trick into accepting a low offer. By not having an attorney guiding you through the do’s and don’ts of going through a car accident lawsuit, you may reveal certain information to the insurance company that could greatly affect your settlement offer.

West Coast Trial Lawyers Is Here To Help

If you have sustained injuries in a car accident as a result of someone else’s negligence or ill intent, you may be able to hold the at fault driver responsible for their actions and recover financial compensation for your damages. As a car crash can produce devastating injuries for everyone involved, it is vital that you hire an experienced auto accident lawyer who will serve as your personal legal representative and fight for you and your rights.

At West Coast Trial Lawyers, our team of car accident attorneys are ready to take on your case and serve as your personal legal representative. We are a law firm that specializes in personal injury lawsuits and with over 20 years of legal experience, our compassionate team of attorneys handle every car accident case with the utmost care and respect that it deserves. As a result of their dedication, they are confident that they can get you the maximum compensation you deserve for your losses.

We have recovered over $1.6 billion in financial compensation for our clients and we are prepared to fight for you. Whether you have been involved in a serious car wreck or a minor one, our talented team of car accident attorneys have seen them all and they are available 24/7 to answer any questions or concerns you may have regarding your case.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE case evaluation, you can get in touch with us by calling us at 213-927-3700  or by filling out our quick online contact form.

Frequently Asked Questions About California Car Accidents

How Much Do Car Accident Lawyers Charge in California?

Typically, car accident lawyers operate under a contingency based system where they won’t get paid unless they win the case or receive a settlement offer from opposing counsel. Should they achieve either scenario, they will be able to charge their client a flat-fee for their legal services and this can range anywhere between 25% to 40%, but most charge a competitive rate of 33% .

Can You Sue for a Car Accident in California?

In the event of an auto accident, if you are not the one who has caused the accident in question, then you are able to sue the responsible party for any and all damages you have sustained. However, it is recommended to hire experienced car accident attorneys to handle your case, because accident attorneys understand the legal process of a car accident case and will do everything in their power to ensure that their clients are properly compensated for their injuries.

How Long Do I Have to File a Personal Injury Claim?

Car accident victims have up to two years to file a claim in order to recover damages as per section 335.1 of the state’s legislation. If they do not file a claim with a car accident lawyer within that time frame then the victim will automatically waive their right to pursue compensation and justice against the responsible party. Any car accident claim filed after the two year mark will have their case be immediately dismissed.

What Happens if a Driver Doesn’t Have Car Insurance?

If an uninsured driver has been involved in a car accident, they will not only be forced to pay any damages out-of-pocket, but they will be subjected to additional fines and penalties, because California requires every driver to have car insurance due to the amount of damages car accidents can produce.

Depending on the severity of the accident, uninsured drivers may even have their vehicles impounded and their driver’s license suspended for up to four years. Should you become involved with an uninsured driver, it is important to seek legal representation to ensure that the car accident in question is settled properly and accordingly.