Northern California Car Accident Lawyer
Have You Been Seriously Injured in a Northern California Car Accident?
Phillips Persona Injury are experienced trial attorneys handling car and auto accident personal injury claims. Over the years, we have learned there is no such thing as a generic vehicle or pedestrian collision as every type of vehicle crash or pedestrian injury may have unique rules of fault and mechanics of injury. If the collision involved a big-rig or bus, there are federal laws in addition to state laws which must be considered, so it is important to find a road and highway injury attorney familiar with each type of claim.
For example, an accident involving a city bus is different from an accident involving a semi truck, a "hit and run" or a drunk driver. The kinds of injuries sustained in a rear-end low-impact collision are often different from those caused by a side impact accident. Pedestrian, cyclists and motorcycle riders are particularly vulnerable.
A pedestrian, motorcycle or bike collision may involve significant or permanent disability requiring long-term care, which makes these types of accident claims unique in their own way. Worse yet, if the person who hit you or caused the crash left the scene, did not have insurance or did not have enough insurance, then there are may be additional legal matters to contend with.
Almost every vehicle accident involves one or more insurance companies: car insurance, health insurance and possibly third party liability insurance. Coverage issues and exclusions can be very important in road and highway litigation. Most people do not know their legal rights and remedies. We recommend that you speak with an attorney before speaking with an insurance adjuster representing the party who was at fault or even your own insurance company. It is very important not to give up any rights you may have or make any agreements or settlements before speaking with someone who will protect and represent your interests.
The Northern California car accident lawyers at Phillips Law Offices assist crash victims to file a claim and get financial compensation. We can help you get all the medical treatment you need, even if you have no insurance or can’t afford the co-pays. We manage everything so you can focus on recovering and getting your life back. We can help you recover:
Medical costs,
Vehicle repairs or replacement costs,
Lost income from not being able to work,
Lost future earning capacity,
Emergency medical treatment,
Physical therapy or occupational therapy,
Medication and medical supplies,
Future medical care and treatment,
Pain and suffering,
Compensation for loss of limb,
Compensation for scars or disfigurement, and
Loss of consortium for a spouse or partner.
The driver who was at fault for causing the collision is liable to the other drivers or passengers for their injuries or damages. Fault in a California car crash is based on which driver was negligent in causing the accident. However, even when both drivers are at fault, the injury victim may be able to claim damages from the other driver.
Driver’s Basic Duty of Care
Drivers in California owe others on the road a duty to use reasonable care when operating a vehicle. The duty of care for drivers involves:
Using reasonable care when operating a vehicle;
Looking out for pedestrians, obstacles, and other vehicles; and
Controlling the speed and movement of the vehicle.
When a driver fails to use reasonable care and it causes an accident or injury, the negligent driver is liable for damages.
Negligence can include careless driving or not paying attention to other drivers on the road. Negligence can also be shown by violating traffic laws. Some of the most common causes of motor vehicle crashes include:
Speeding,
Running a red light,
Texting while driving,
Distracted driving,
Drunk driving, or
Failing to yield the right of way.
What Happens if Both Drivers are Partially to Blame?
In some cases, both drivers may be partially at fault for causing an accident if both were negligent. Under California’s “comparative fault” law, even if both drivers share some of the fault, an injured driver can get damages. However, the amount of damages may be reduced based on the driver’s share of fault. If you were in a car crash and you think you were partially to blame, or the other drivers insurance company denies coverage saying you are to blame, you should contact a car accident lawyer immediately.
Injuries Resulting from a Car Accident
You may have suffered minor injuries from an auto collision, and do not think it is worthwhile to retain an attorney. This is a mistake many people make. An auto accident attorney can help guide you through your claim and recover your expenses due to you. Major injuries from an auto collision also usually result in significant property damage as well. Again, people make the mistake that the insurance company will work on their behalf. The insurance company will be working on the insurance company's behalf. It is important to take the first step and secure the services of an auto accident attorney so that the insurance company does not take advantage of you. It is in your best interest to obtain the highest settlement due to you, and most people do not have the negotiation skills, legal knowledge, and time to deal with insurance companies. Insurance adjusters are trained to negotiate settlements for less than what the claim is worth. That is how the insurance company makes money.
Unfortunately, it is a important that you must retain an attorney if you want full compensation. An Insurance Resource Council study (2014) found that people who retained an attorney received up to three times more compared to those who did not. They also had to wait longer for payment claims and were more likely to be involved in claim abuse.
Car Accident Compensation
Compensation includes repairs to property damage, medical expenses and physical and psychological pain. Insurance adjusters usually use a formula to come up with a dollar amount of compensation. An auto accident attorney is an important factor which may determine the outcome of your claim. Every claim is different, and must be evaluated on an individual basis, so the information provided here is for general informative purposes only, as it simplifies complex legal issues. It is not intended to be legal advice. For information about your specific claim, please contact an auto accident attorney to evaluate your situation.
Major Types of California Vehicle Accidents
There are many causes of car accidents in California. The type of traffic accident can affect who is at fault, the types of injuries, the seriousness of injuries, and who is responsible for the damages. Some of the most common types of car accidents in California include:
Rear-End Collisions
Rear-end collisions often cause serious neck or back injuries, including whiplash, to the driver in the lead car. Most people think the rear driver is at fault in a rear-end collision. However, liability is not automatic and sometimes the lead driver or another driver is responsible for the damages.
Low Impact Collision
In California, insurance companies refer to accidents with less than $2,000 in car damage as MIST CASES or Minor Impact Soft Tissue cases. Despite overwhelming medical evidence that an individual can be hurt at speeds of less than 3 mph, the insurance companies will fight these cases tooth and nail. They often hire defense "hired gun" doctors who confuse the jury and state that someone could not have been injured in such a crash.
In cases like these, experienced car accident attorneys may need to hire a biomechanic to testify and animate precisely how such an injury may occur. Every low-impact collision case is complicated, and an experienced car accident lawyer can tell you how best to proceed.
Side-Impact Collision
This type of accident is not only dangerous for the driver of the vehicle that is hit but also for any passengers. The seriousness of a T-bone or broadside collision can range from minor bumps and bruises to fatalities. The severity of the accident often depends on several factors, including the type of vehicles involved and the speed at which the accident happened.
T-Bone Smash-ups
There are many causes of T-bone collisions in California. While some are caused by poor road conditions, faulty vehicle parts, or unclear traffic signage, most T-bone collisions are caused by bad driving. These types of incidents can result in serious injuries as passengers or drivers are hit directly on the side of the car with little protection between them and a speeding car.
Head-on Collisions
When a driver crosses over the median, intentionally or accidentally, it may lead to a head-on collision. These can be some of the most serious crashes – often causing traumatic brain injuries – and are often caused by distracted driving, failure to yield, or a drunk driver.
Crashes with Drunk Drivers
People injured by a drunk or intoxicated driver have the right to sue for damages. The driver does not need to be convicted of a DUI before a civil lawsuit can be filed. Even if the driver is never convicted, he or she may still be liable for negligent driving resulting in a crash.
Truck Wrecks
Truck wrecks involving a semi or tractor-trailer in California can leave injury victims with serious injuries and financial damages. If the truck driver or trucking company was negligent in causing the crash, the victims can seek damages by filing a lawsuit. The company may also be responsible if they negligently hired, trained, or retained a dangerous driver.
Logging Truck Wrecks
There are many factors that can lead to a logging truck accident. A main factor is reckless driving. Logging truck drivers are often overworked and tired, which can impose serious risks. In some cases, if another driver brakes or stops suddenly, a logging truck driver might not have time to react accordingly if it is following too closely. Logging trucks need more time to come to a stop because of their size and weight. In addition to causing an accident, sudden stops may also cause debris to fly out of the truck.
Uber/Lyft Accidents
Crashes and vehicle injuries involving the popular ride-sharing companies Uber and Lyft can result in claims against the driver, the company, or other drivers. These claims can be more complicated because the driver’s insurance liability coverage depends on whether the driver had the app on at the time of the injury.
Car Sharing- Turo Accidents
Car sharing is a service through which private owners rent out their vehicles through a mobile application. Several companies have emerged to take advantage of this new phenomena, including Getaround, ZipCar and HydeCar. Ride sharing accidents present complicated insurance coverage issues. When renting a Turo car, it is essential to know that Turo provides collision protection for the vehicle, as well as liability insurance for bodily injury and property damage. Like commercial vehicles or rideshare vehicles, Turo has an insurance policy limit of $1,000,000. Contact a Turo accident attorney at Phillips Personal Injury to schedule your free case evaluation.
Wrecks Caused by Dangerous Road Conditions
Dangerous road conditions can cause vehicle collisions or increase the chance of injury. This includes crashes involving dangerous road debris on the highway.
Guardrail Injury Lawsuits
When guardrails on the highway are defective they can slice through a car, injuring or killing the people inside. Guardrail injury lawsuits may be filed against the government, contractors, or guardrail designers.
Types of Car Accident Cases We Handle
We offer legal help and assistance in the following areas.
Auto accident
Truck and "Big-rig" collision
Motorcycle accident
Bicycle and pedestrian injury
Road safety and design litigation
Vehicle safety: seat belt defects, tire defects, airbag failure
Questions? Speak to an Attorney Before you Speak with the Insurance Company! No Charge Consultations…
Can I Get Damages if the Other Driver Didn’t Have Insurance?
When a driver gets into an accident with an uninsured driver, or even a driver you has minimal coverage, you not expect to be able to recover damages. However, there may be a couple of ways to get damages when the other driver doesn’t have bodily injury and liability insurance.
California insurance law requires insurance companies to offer uninsured and under-insured motorist (UM/UIM) coverage to all drivers. However, this UM/UIM coverage is optional. However, in our experience many clients are not even aware they have UM/ UIM coverage. If a driver injured in a crash has UM/UIM coverage, their own insurance company will compensate them for their damages caused by the uninsured driver, up to the policy limit. If you have insurance coverage questions, we invite you to call us for a free consultation. We are glad to answer any insurance questions you may have.
What Makes Us Different...Your Internet Connection Is All You Need
Is it inconvenient for you to drive to a law firm ? Meet Phillips Personal Injury: We started our injury law firm with a simple but radical idea. We were not interested in “the way things have always been done” in the legal profession. Instead, we care about what’s best for our clients. Now a great personal injury lawyer is never more than a mouse-click away.
We leverage state of the art technology, both inside and out of the courtroom, to give our clients unparalleled injury representation without the hassle. Phillips Personal Injury is built for you. We bring an extraordinary client experience to clients from the convenience of their home or office. Meet with your attorney when it’s convenient for you.
We offer no-charge consultations and we can “meet” via video chat or Zoom. We accept cases in the greater Sacramento area and Northern California including Nevada County and the "Gold Country."
Not sure if you have a case? Are friends and family telling you to call a lawyer? Are you starting to be suspicious about the insurance adjuster you’re dealing with? Call us or click here to email— we offer free, no-obligation consultations. Have questions? We are happy to talk with you about your situation and your concerns, and how we can help you though this challenging process. It’s easy — just give us a call.