A car accident can quickly turn a normal day into a disaster that impacts a person’s life for months, years, or even permanently. Car accidents can be overwhelming, and when people are hurt in them, they sometimes are unsure of where to turn or whether they should even bother trying to fight for compensation. That said, if you were injured due to no fault of your own, you shouldn’t have to fight this uphill battle on your own. Our firm has fought for countless car accident victims over the years, and we’re ready to fight for you, too. Contact a San Mateo County car accident lawyer from the Law Office of Allister R. Liao, P.C. to learn more about how our legal team can help you.
Do I Need to Hire a Car Accident Lawyer?
Each year, thousands of car accidents occur throughout the state of California, and in those crashes, thousands of people are injured. Insurance companies face injury claims from accident victims on a daily basis, and if you’ve been hurt as a result of another driver’s negligence, you’ll need an attorney who can ensure that your case gets the attention and compensation it deserves. Our San Mateo County, California motor vehicle accident lawyer can take several steps in an effort to maximize the payout you receive for your injuries. Just some of the ways our firm can help with your claim are as follows:
- We can investigate your case and collect evidence, such as witness testimony and traffic camera footage.
- We can consult with third-party experts, such as accident reconstructionists and medical professionals. We can also help ensure you receive the proper medical treatment and see the right specialists.
- We are familiar with the tactics and strategies used by insurance companies, enabling us to effectively negotiate for a satisfactory settlement on your behalf.
- If we believe you’re being lowballed, we can prepare your case for trial and fight for the maximum compensation on your behalf.
Causes of Car Accidents in California
Car accidents happen for many reasons. Just some of the most common causes of car accidents are as follows:
- Driver negligence
- Inclement weather conditions
- Dangerous road conditions
- Negligent signage
- Faulty car parts
Examples of Driver Negligence
Despite there being a wide range of factors that can lead to car accidents, the unfortunate reality is that in most cases, car accidents are a result of driver negligence. This means that despite these accidents being entirely preventable, they still happen as a result of motorists failing to obey the rules and regulations of the road. Just some of the most common examples of driver negligence are as follows:
- Texting while driving
- Driving while under the influence of drugs or alcohol
- Applying makeup while driving
- Driving while fatigued
- Speeding
- Eating while driving
- Ignoring traffic lights and signs
- Unsafe lane changes
- Aggressive driving, often brought on by “road rage”
If you were injured in an auto accident because a driver was doing any of the aforementioned, there is a strong chance you will have a valid personal injury claim. The Law Office of Allister R. Liao, P.C. is here to help you pursue the full compensation to which you are entitled.
Do I Need PIP Insurance in California?
California does not offer Personal Injury Protection insurance, also known as PIP, because California is an at-fault state rather than a no-fault state. The closest optional coverage available here is Medical Payments coverage, commonly called MedPay. MedPay is a form of first-party coverage that can help pay a portion of your medical bills regardless of who caused the accident, though, unlike PIP in no-fault states, it does not cover lost wages. You should note, however, that MedPay does not always cover the entire cost of damages sustained in an accident, and if you were hurt in an accident caused by the negligence of another, you should speak with a competent car accident lawyer who can help you recover the full compensation to which you are entitled.
After a Car Accident
After sustaining an injury in a car accident, it’s paramount that you get to a hospital or doctor’s office as soon as you can. You should also do everything in your power to document exactly how your accident occurred, if at all possible. If you can, try to take the following steps:
- Call 911. Inform them of your accident and request emergency medical services if necessary.
- Ask the other driver for their insurance information. Be polite, but don’t apologize, even if you think you may have contributed to the accident in some way. An apology may be misconstrued as an admission of fault and can hurt your chances of recovering compensation in a future personal injury claim.
- Ask anyone who saw your accident happen for their name, phone number, and email address. They may corroborate your car accident claim at a later date.
- Take pictures of any damage to your vehicle, the other driver’s vehicle, and any other property that was damaged in your accident.
- Once you’ve been taken to a hospital for treatment, you should be sure to keep copies of all medical documentation and bills associated with your injury. We can use this information to prove the extent to which you were injured when bringing your claim.
- Hire a knowledgeable personal injury lawyer who can fight for the compensation you deserve and need to heal.
How Does Shared Fault Affect Your California Car Accident Claim?
You do not have to be completely free of fault to recover compensation after a California car accident. California follows a pure comparative negligence rule, adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. Under this rule, your recovery is reduced by your own percentage of fault, but you are never barred from recovering simply because you were partly responsible. If your total damages are $100,000 and you are found 20 percent at fault, your recovery is reduced by that 20 percent to $80,000. Even a driver found 99 percent at fault may still recover 1 percent of their damages.
What Happens When More Than One Driver Is at Fault?
When multiple parties share responsibility, California Civil Code Section 1431.2, enacted by Proposition 51 in 1986, divides damages into two categories. For economic damages such as medical bills and lost wages, defendants remain jointly and severally liable, so any one at-fault defendant can be required to pay the full amount. For non-economic damages such as pain and suffering, each defendant is liable only for their own proportionate share of fault. This is one reason it is important to speak with a car accident lawyer who can accurately document how the accident happened, since insurance adjusters often overstate an injured person’s share of fault to reduce a settlement.
Statute of Limitations
The statute of limitations is the timeframe in which a person will have to bring a personal injury claim. In California, the statute of limitations for car accident claims is typically two years, but depending on the circumstances of the accident, you may have as few as six months from the date of your crash to sue. Don’t wait to file your claim–simply reach out to a skilled car accident lawyer who can help you fight for the compensation you deserve and need to heal.
Contact a California Car Accident Lawyer Today
Anyone hurt in a car accident here in the state of California can turn to the Law Office of Allister R. Liao, P.C. for help. If you need an attorney who has your back, contact us today to schedule your free case evaluation with our seasoned legal team.