El Monte Car Accident Attorney
Being in a car accident can leave a person shaken up and unsure of what to do next. While some car accidents are minor, others can lead to physical injury, financial damages, and emotional distress. After being injured in a car accident, understanding your legal rights is crucial. An El Monte car accident lawyer at Thon Beck Vanni Callahan & Powell LLP can help you fight for your rights and pursue justice.
Choose a Lawyer on Your Side
At Thon Beck Vanni Callahan & Powell LLP, we understand how serious a car accident can be. We fight for our clients’ rights so they can receive the compensation they deserve after a car accident due to someone else’s negligence. With a track record of successful cases, we desire to give you the peace of mind you need to financially recover from your accident.
Understanding California Car Accident Laws
In California, drivers who cause car accidents must pay for damages due to the fact that the state follows a fault-based system. California law requires personal injury claims from car accidents to be filed within two years after the accident occurred. A three-year time limit applies to filing property damage claims. If you do not submit your claim within the designated time period, you will likely lose your ability to obtain compensation.
California follows a pure comparative fault rule. Under California law, partial fault in an accident leads to reduced compensation based on your fault percentage. For example, a person who is determined to be 20% responsible for an accident and has incurred damages of $100,000 will receive $80,000 in compensation.
California Vehicle Code section 20008 requires drivers involved in accidents resulting in injuries or death to report the incident to either the California Highway Patrol or local police within 24 hours. If your accident results in property damage above $1,000, you have to inform the Department of Motor Vehicles (DMV) within 10 days.
Car Accident Statistics
The frequency and consequences of car accidents highlight why legal readiness and representation matter. California remains challenged with substantial traffic safety issues. In 2021, the number of traffic deaths grew by 7.6%, rising from 3,980 in 2020 to 4,285. During 2021, the Mileage Death Rate indicated 1.38 fatalities for every 100 million miles traveled.
In 2022, El Monte, within Los Angeles County, reported traffic collisions resulting in 462 deaths and injuries. Alcohol was a factor in 54 collisions, while 31 pedestrians suffered injuries and 39 bicyclists were involved in accidents.
Common Causes of Car Accidents
Multiple factors, such as driver behavior and road conditions, along with external environmental elements, often lead to car accidents. Some of the most common causes of accidents both in El Monte, California, and across the United States include:
- Distracted driving. The driver’s focus shifts away from driving when they engage in texting, eating, or operating in-car technologies. This is one of the most common causes of car accidents.
- Speeding. Driving above the posted speed limits both shortens the driver’s response time and escalates the severity of traffic collisions.
- Driving under the influence. Substances like alcohol and drugs deteriorate both motor skill performance and decision-making capabilities, which results in risky driving practices.
- Reckless driving. Collisions occur when drivers use aggressive tactics, including tailgating and weaving between lanes while ignoring traffic signals.
- Weather conditions. Weather conditions like rain, fog, and snow can limit visibility and cause roads to be slicker than usual.
- Running red lights and stop signs. Side-impact collisions are common at intersections when vehicles fail to follow traffic signals.
- Inexperienced drivers. Drivers who have little experience may not possess adequate skills to handle complex traffic situations safely.
- Driving at night. Driving at night presents higher accident risks because visibility is diminished.
California Car Insurance Requirements
Each state has requirements for drivers regarding car insurance. California law requires that all drivers carry minimum liability insurance coverage as follows:
- $30,000 for an accident causing injury or death to one person
- $60,000 for an accident causing injury or death to multiple people
- $15,000 for property damage
Minimum insurance levels exist to protect against financial liability for damage to other parties in an accident. The high expenses related to accidents lead many drivers to choose higher coverage limits and additional policies, including uninsured/underinsured motorist protection.
What To Do After Being in a Car Accident
Your actions following a car accident affect your chances of securing damages and protecting your legal rights. Following appropriate procedures right after a crash can protect you and strengthen your claim.
First, check yourself and others for injuries. Get emergency medical help immediately by dialing 911 in the event of any injuries. Medical attention must be sought even for minor injuries because delayed symptoms could emerge. After ensuring safety, relocate to a secure area when possible and notify local police to report the accident.
The El Monte Police Department or the California Highway Patrol will generate an official report by documenting the accident scene, which proves essential for your case.
Make sure to obtain the other driver’s name, contact information, insurance details, and registration number while authorities are en route. Document the accident scene by photographing vehicle damage and visible injuries. When witnesses are available at the scene, gather both their statements and contact information.
Contact your insurance provider quickly, yet remain careful not to take responsibility for the incident. Seek advice from a knowledgeable El Monte car accident lawyer before you agree to any settlement offer. With legal assistance, you can navigate the claims process and obtain the compensation you are owed.
Damages Awarded in a Car Accident Case
Victims of car accidents may be able to file a legal claim against the negligent party to receive compensation for the losses and injuries. Common damages awarded in car accident cases include:
- Medical expenses. This covers current and future medical treatments related to the accident, including emergency room visits, surgeries, rehabilitation, and prescriptions.
- Lost wages. If the accident caused you to miss work or if your injuries are severe enough that you are not able to work as you were before, you can file a claim for the wages you missed.
- Property damage. This includes the cost to repair any damage to your vehicle as well as any other property that may have been damaged in the accident.
- Pain and suffering. This covers compensation given as a result of any physical pain or emotional distress you suffered because of the accident.
- Punitive damages. In cases of particularly reckless or egregious behavior, the victim may be awarded punitive damages. The purpose of these damages is to punish the responsible party for their wrongdoing.
How an El Monte Car Accident Lawyer Can Help
A knowledgeable El Monte car accident lawyer examines the accident scene and collects vital information from police reports and witness statements to establish who is at fault. The lawyer negotiates with insurance firms to secure adequate compensation for your medical expenses and lost income, as well as your pain and suffering.
They have the option to proceed with legal action by filing a claim on your behalf and representing you in court if necessary. A proficient attorney uses their understanding of California traffic laws and local regulations to protect your rights and enhance your financial compensation so you can focus on recovery.
FAQs
Q: What Are Most Lawyers’ Fees for a Car Accident?
A: Car accident lawyers typically operate on contingency fees, where payment to the lawyer happens only if the case is successful. Lawyers usually receive payment through a percentage of the final settlement amount or court award. Accident victims can seek legal remedies without having to pay initial costs. Some lawyers implement additional charges when filing paperwork or hiring professional witnesses.
Q: How Much Is the Average Car Accident Settlement in CA?
A: The amount of car accident settlements in California fluctuates significantly based on factors including injury severity, property damage, lost wages, and liability. Settlement amounts fluctuate between small sums for minor accidents and large sums for serious injuries.
Settlement sums rely on the negotiation outcomes with insurers, as well as the available evidence and legal representation provided. Long-term medical care and permanent disability result in higher settlement amounts in legal cases.
Q: How Do You Get the Optimal Settlement From a Car Accident?
A: In order to get the optimal settlement amount from a car accident, collect extensive documentation such as police reports, medical records, and witness statements. Get prompt medical care, adhere to your treatment schedule, and keep detailed records of expenses. Never acknowledge liability or accept initial insurance settlements before getting legal advice.
A skilled car accident attorney will engage with insurance companies, build persuasive arguments for your case, and initiate legal proceedings when needed to obtain maximum compensation.
Q: How Hard Is It to Win a Personal Injury Claim?
A: The success of a personal injury claim requires proof of negligence and detailed evidence of your damages. Legal cases with apparent liability and substantial proof present fewer challenges than those where blame or pre-existing medical conditions become points of contention. Most cases settle out of court, but certain situations might necessitate a legal claim to secure appropriate payment.
Contact Thon Beck Vanni Callahan & Powell LLP
Car accidents can significantly impact your life, but you don’t have to navigate the legal aftermath alone. An attorney at Thon Beck Vanni Callahan & Powell LLP can help. Contact us today for more information.