Auto Accident Attorney Canoga Park CA
If you were in a car accident not long ago and you didn’t realize you were seriously hurt, is it too late to file a personal injury claim against the other driver? The short answer is that it depends. There are several criteria that your injury must meet in order to qualify for filing a claim. At Barry P. Goldberg, A Law Corporation, each auto accident attorney in Canoga Park, CA has represented many clients whose cases were quite complex.
In your scenario, a number of factors come into play, any one of which tip the answer to no or yes when it comes to eligibility for compensation. If you were seriously hurt in a car accident that was not your fault, contact us without delay. We will arrange a free consultation with an experienced auto accident attorney who can review your case at no charge. At the conclusion of that meeting, you may have a far greater understanding of your legal options. Until then, below is an overview of how situations like yours might be resolved. Learn about what should be The First Steps After a Hit and Run Accident.
Car Accident Liability
When a victim is injured in a car crash that was caused by the actions of another party, they are entitled to file a personal injury claim against that party in order to receive financial compensation for the losses they have suffered as a result of those injuries. These losses include medical expenses, lost wages due to being unable to work while recovering from accident, pain, suffering, emotional anguish, and more.
Name of firm has been advocating for car accident victims for more than number of years. We have built a solid reputation for aggressively advocating for our clients in order to obtain the damages they are entitled to. If you would like to learn more about how a car accident attorney in Canoga Park, CA from our firm can help you, contact our office today.
When you meet with a Canoga Park, CA auto accident attorney, he or she will evaluate the evidence in order to determine who the responsible party is. Being injured in a crash is not the only evidence needed in order to successfully negotiate a settlement or win an injury lawsuit. The victim must also prove – through their personal injury attorney – that the other party behaved in a negligent or reckless manner and that was what caused the crash.
As he or she builds your case, your car accident attorney in Canoga Park, CA will be proactive to the possible defenses the at-fault party’s insurance company may try to use in order to get out of paying you what you deserve or trying to deny your claim completely. It is not uncommon for both drivers in a crash to blame each other for the crash. It is your Canoga Park, CA car accident attorney’s job to gather the evidence which will prove that the other driver as at fault.
One of the strongest pieces of evidence that can be used to prove fault in a car crash is if one of the drivers was cited for a traffic violation by the police officer who was dispatched to the scene of the accident. For example, if one driver ran a red light and hit the other driver, the evidence would be pretty clear that the act of running the red light caused the crash.
However, there could be situations where drivers violated some traffic law. For example, let’s say the driver who ran that red light slammed into the side of a vehicle who had the green light. The vehicle that was hit had a rear brake light that was out, which is a traffic violation. Legally, both drivers violated a traffic law, however, the broken brake light did not have anything to do with causing the crash, whereas, the running of the red light did.
Proof of Liability
The at-fault party’s insurance company will require proof that their client was responsible for the car accident and your resulting injury. Proof can be substantiated through a number of methods. This includes:
- Eyewitness testimony
- Photos of the accident scene showing something pertinent to how the collision occurred. For example, the other driver’s car might be in the wrong lane of traffic for the direction they were headed.
- The police report in which the responding officer noted that the other driver appeared to be responsible. For example, they were intoxicated or were texting, etc.
Proof of Damages
At the time of your accident, if you believed you were not hurt then you may not have noted all details of the crash beyond any possible damage to your vehicle. If first responders to the accident did not examine you, you may have missed symptoms that they might have recognized.
For instance, if you sustained a serious head injury, they might have recorded abnormal reactions on your part or other physical symptoms. Though you may have eventually sought medical attention, it might be more difficult to prove that your injury was a direct result of the accident. Talk to a Canoga Park, CA auto accident attorney who can review your circumstances and what proof might be used in your claim to seek compensation from the responsible party.
Statute of Limitations
Another possible issue in your scenario is the statute of limitations. This is a state-imposed deadline before which you must file a personal injury claim. After the deadline has passed, you will not be able to file a claim despite its validity or the seriousness of your injury. An auto accident attorney from our firm can review when the accident happened and determine how much time you have left before the deadline passes, if it has not already passed. Explanation of the Statute of Limitations on Car Accident Injury Claims.
Can I be Blamed for a Drunk Driving Accident if I am the Victim?
Suffering at the hands of a drunk driver can be an experience that causes, heightened emotions and intense physical pain; it can be even worse if you don’t have an auto accident attorney trusted in Canoga Park, CA, like Barry P. Goldberg, on your side. As an accident victim, to have the tables turned on you can be not only frustrating but downright upsetting. Defense attorneys and insurance adjusters may work to shift the blame over to you. You may be wondering if this is even possible given that the person who hit you was intoxicated. Here are some key answers to questions surrounding whether or not you can be held at all responsible for the accident:
Who can be held liable for a drunk driving accident?
In most cases, the fault is assigned to the drunk driver who caused the accident. There are a number of reasons behind this. Primarily being, that a person who is driving while intoxicated is at a much higher risk for causing an accident. This is because a drunk driver has lowered inhibitions which will reduce their ability to safely operate a vehicle and increase the likelihood of an accident.
Can people other than the drunk driver be held liable for the accident?
Although this depends on the details surrounding the accident, in many cases victims may be able to hold others liable for the damages you have suffered. This is a key reason as to why contacting an auto accident attorney for Canoga Park, CA is so important. An accident victim who is not well versed in the law is not likely to consider the other variables that led up to a person’s decision to get behind the wheel intoxicated. When it comes to a drunk driving accident, the liability can extend far beyond the drunk driver, examples include:
- Bartender who overserved the driver
- Restaurants
- A host who was throwing a social gathering at their residence
Because their can be multiple parties held liable for an accident, an attorney will be key in helping accident victims to look at all of their options and identify all parties that may be held liable.
Does comparative negligence exist in cases involving drunk drivers?
In some cases, comparative negligence may come into play. Comparative negligence is when the claimant can be held accountable in some way for their actions. For examples, if the outcome was likely to be the same regardless of whether or not the driver was intoxicated, the defendant’s attorneys may attempt to place blame on the victim. However, having a Canoga Park, CA auto accident attorney representing you who can anticipate this, may help in managing this unexpected twist in the case.
If you have been the victim of an accident, your first step should be to contact an auto accident attorney in Canoga Park, CA. There are vital reasons for doing so. Not only can an attorney help to pick up the pieces from your car accident, they can help to protect your rights and ensure that you do not take ownership over an accident that was not your fault to begin with. You should contact an auto accident attorney serving Canoga Park, CA as soon as possible to help manage any complexities that you stand to face involving your case. Call Barry P. Goldberg today!
Request a Free Consultation
If you suffered a serious injury in a car accident, call us at Barry P. Goldberg, A Law Corporation and ask for a free consultation with an auto accident attorney Canoga Park, CA clients recommend who can review your case at no charge to you.