In Santa Clarita, many people are injured or killed in car accidents every year. In 2015, the California Office of Traffic Safety reports that 1,011 people were injured or killed in Santa Clarita car accidents. A majority of car accidents happen as a result of preventable driver errors. If you have suffered an injury in an accident that was caused by someone else, you may have legal rights. An experienced Santa Clarita car accident lawyer may be able to help you to hold the responsible driver liable to pay you damages.
Common causes of car accidents
Car accidents may be caused by a number of different factors. Some of the most common causes of accidents include the following:
- Distracted driving (including cellphone use distractions)
- Inattentive driving
- Drowsy or fatigued driving
- Drunk or drugged driving
- Aggressive driving
- Illegal maneuvers
- Improper lane changes
- Failure to obey traffic control devices
- Speeding
- Poorly maintained vehicles
- Defective parts
- Defects in the roadway
- Weather conditions
A common thread in car accidents is that most are preventable. According to Stanford University, 90 percent of motor vehicle accidents are caused at least in part by driver errors.
Common types of injuries from car accidents
There are many different types of injuries that might be caused by car accidents. Some of the most common types of injuries include the following:
- Leg and arm fractures
- Pelvic and hip fractures
- Rib fractures
- Abdominal injuries
- Shoulder injuries
- Spinal cord injuries
- Neck and facial injuries
- Lacerations
- Contusions
- Skull fractures
- Traumatic brain injuries
Even low-speed collisions may cause injuries in some cases.
Determining fault in car accidents
Determining who was at fault in a car accident can be difficult. There are some types of obvious violations of the law that lead to car crashes that can be used as evidence of liability such as speeding or running a red light. There are also other types of driving behaviors that are not illegal but which may cause accidents. For example, distracting activities such as eating while driving or adjusting a stereo may cause an accident.
Insurance adjusters and attorneys thoroughly investigate what happened immediately before an accident in order to determine fault. In some cases, one driver’s fault is clearly apparent. In others, both parties may share some of the blame. If you were partially at fault in the accident that injured you, you will not be barred from recovering damages. In California, the courts follow the pure comparative fault rule. This means that the amount of your damages will be reduced by any percentage of fault that is attributed to you. If you are awarded $100,000 but are found to be 20 percent at fault, your recovery will be $80,000.
What to do when you want to take legal action after a car accident
Immediately after an accident, you must stay at the accident scene and call the police. If you are able to do so, take pictures of both vehicles and of the accident scene. Try to get the contact information and names of anybody who saw what happened, and make certain to seek medical care. Once you have received treatment, it is likely that the insurance company will contact you. You should not agree to sign any documents or to give statements to the insurance adjuster. The companies use this type of information to build defense cases against claims. Instead, you should just tell the adjuster that you want to talk to an attorney first. Your lawyer can then handle your car accident claim for you while you work on getting better.
How car accident cases are usually handled
When you retain a lawyer, he or she will investigate your claim and analyze the facts and circumstances of what happened as well as the extent of your injuries. The attorney will then give you a range of monetary values for your claim. A fair settlement should fall within that range. Attorneys then choose a value at the upper end of the range and use it to make demands.
Attorneys send demand letters to the companies, and the companies may agree to settle for that amount, counter it with a lower amount or deny it outright. If the company disputes liability and attempts to deny your claim outright, your attorney may then commence a formal lawsuit by filing a civil complaint in court. A large majority of car accident claims are eventually settled before they ever go to trial. If your case does not settle, you will go to trial in order to reach a verdict.
How soon you should contact a Santa Clarita car accident lawyer
Ideally, you should contact a lawyer as soon as possible after your accident. This may help you to build a stronger case that shows liability. California law provides a limitations period of two years after an accident to file a lawsuit, but it is best not to wait until the end of the deadline.
Why you should contact a Santa Clarita car accident lawyer
Car accident attorneys understand the kinds of tactics that insurance companies use in order to avoid paying claims. When you have help from an experienced lawyer, you are much likelier to prevail in your case. Contact an experienced Santa Clarita car accident lawyer at our firm today to schedule your consultation.
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