Car Accident Attorney In San Luis Obispo CA
If you have been injured in an automobile accident, you should see a California car accident attorney.
The aftermath of an automobile accident may be quite distressing. After a car accident injury, the stress of medical bills and costs, missed pay, physical and emotional pain, and suffering, and vehicle damage may be overwhelming.
At 805 Law Group, we are ready to assist you during this trying time. Our vehicle accident attorneys are known for their tenacity in settlement talks and court. Our personal injury law firm in San Luis Obispo is committed to assisting our clients in obtaining the best compensation package possible from those who have wronged them.
Car accidents are the leading causes of personal injuries.
In the United States, motor vehicle accidents are the leading cause of bodily injury. Nearly 2 million individuals are wounded in motor vehicle accidents each year. Each year, about 200,000 individuals are harmed in California alone. Injuries sustained in auto accidents in California may cost victims tens of thousands of dollars in the following ways:
- Medical expenses
- lost pay
- automobile repair expenses
The motorist who caused the incident is accountable for the injuries or damages sustained by the other drivers or passengers. In a California vehicle accident, a fault is determined by which driver was negligent in triggering the collision. Even if both drivers are at fault, however, the injured party may be entitled to claim some damages from the other motorist.
Not all automobile crashes in California are the result of careless driving. Accidents may also be caused by faulty auto components, unsafe road conditions, or even malfunctioning autonomous vehicles. In certain instances, car or component manufacturers, as well as government authorities, may be held accountable for the accident.
Vehicle collision victims may need to retain the services of an auto accident attorney to ensure that their insurance company adequately compensates them for their losses. In certain instances, the attorney may need to file a personal injury lawsuit to get monetary damages from the culpable party.
The Driver's Fundamental Duty of Care
Drivers in California bear the responsibility of reasonable care to other road users while driving a vehicle. The driver’s duty of care entails the following:
- Using reasonable care while driving a vehicle;
- Keeping an eye out for pedestrians, obstructions, and other vehicles; and
- Maintaining control of the vehicle’s speed and movement.
When a motorist fails to exercise reasonable care and this results in an accident or injury, the negligent driver is accountable for the resulting damages.
What happens if both drivers share some of the blame?
In rare instances, both drivers may share responsibility for an accident if both were careless. Under California’s “comparative fault” rule, an injured motorist may still recover damages even if both drivers share part of the blame. The number of damages, however, may be lowered depending on the driver’s percentage of culpability.
Negligence and responsibility in a California vehicle accident may be difficult to determine. Each side may lay responsibility for the fender mishap on the other. A motorist may lack evidence that the other driver was at fault, and the insurance company may be uninterested in learning the truth.
Discuss your case with your California motor vehicle injury attorney. Your lawyer can advise you on the strength of your case and the potential for damages. Additionally, your attorney may investigate the accident, request documents to ascertain what occurred, and negotiate with the insurance adjuster to get the maximum compensation allowed.
What kind of damages are possible in a case involving a motor vehicle accident?
Damages in a vehicle accident are determined by the injured victim’s injuries and losses. When plaintiffs (vehicle accident victims) file a personal injury claim, they seek the greatest recompense for their losses from the culpable party.
In a personal injury litigation, these damages might include both economic and non-economic compensatory damages. Economic damages are often quantifiable, such as medical costs or automobile repairs. Non-economic damages, which include things like pain and suffering caused by the collision, may be more difficult to quantify.
Typical compensatory damages in a California traffic accident include the following:
- Medical expenses;
- Costs associated with vehicle repairs or replacement;
- Income lost due to inability to work;
- The future earning capability was eroded;
- Medical assistance in an emergency;
- Occupational therapy or physical therapy
- Medical care and treatment in the future;
- Suffering and agony;
- Compensation for amputation of a limb;
- Compensation for deformity or scarring; and
- Consortia loss for a spouse or partner.
In rare instances, victims of motor vehicle accidents may also be eligible for punitive damages. Punitive damages, also known as exemplary damages, may be payable if the other motorist was careless, attempted to hurt someone maliciously, or committed a hit-and-run.
Can a family claim for damages if a member of the family is killed in an automobile accident?
Each year, around 30,000 individuals are killed in motor vehicle accidents. When a victim is killed, they are unable to sue the irresponsible driver and hold them accountable. However, under California’s wrongful death statutes, the surviving family may seek compensation from the negligent party.
Certain family members may pursue compensation in a wrongful death vehicle accident lawsuit. This includes the following:
- Domestic partner;
- Child or children;
- Grandchildren (if the children have died); or
- Any other person entitled to the deceased’s property under California’s intestate succession rules.
A wrongful death vehicle accident lawsuit might seek damages for burial expenses or compensation for the victim’s lost wages and the family’s loss of companionship and support.
A lawsuit may be the last thing on a family’s mind when a loved one dies in an automobile accident. However, a wrongful death lawsuit might aid with funeral expenses. It may also be the sole method to hold the culpable party accountable. A vehicle accident lawyer can handle the claim so your family can recuperate.
Do you want to file a dispute with the party?
Your confusion regarding whether you have a valid claim for compensation after a vehicle accident is understandable. Your accident must fulfill two conditions to be eligible for compensation:
- It seems likely that another party’s carelessness contributed to the disaster at least in part.
- You or a member of your family was seriously injured as a result of the accident.
No matter what concerns you have regarding what constitutes carelessness or what it means for an injury to be “serious,” our California automobile accident lawyers at 805 Law Group are here to help you.
Once your attorney finds that your accident fits all of these requirements, we will begin the process of establishing your case at once.
For a free consultation, call us now at 805-365-6290 or schedule a meeting with our San Obispo personal injury lawyers.