Auto Accident Lawyer Canoga Park, CA
How Car Collisions Happen
Insight from an Auto Accident Lawyer Canoga Park CA Motorists Recommend
Every day, millions of people drive their vehicles for various reasons. Cars are used for traveling to work, go on vacation, run errands, go shopping, and more. Unfortunately, not all motorists drive safely when behind the wheel. If you are suffering from injuries due to the fault of a reckless driver, an auto accident lawyer in Canoga Park CA from Barry P. Goldberg can offer critical legal guidance. Our legal team understands the emotional, financial and physical damages you may be suffering as a result of the accident. We can help you take the necessary steps to seek financial retribution from the at-fault driver.
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.
Types of Wrecks
Car accidents can happen in so many ways. As an an auto accident lawyer in Canoga Park CA, Barry P. Goldberg is familiar with the full range of car accident repercussions. Some collisions are minor with no injuries, while others may result in fatalities. The most common types of car wrecks include the following:
- Head-On Impact. Most likely to result in deaths, victims commonly face severe brain injuries, facial disfigurement, spinal cord damage and crushed extremities.
- Rear-End Collision. A crash from behind can cause whiplash, a broken nose, additional injuries to the face, and back injuries.
- Side Smash. When passengers and the driver are impacted from the side of their vehicle, injuries can be life-threatening, including brain bleeding/swelling, organ damage, and fractures.
- Rollover Crash. If a car rolls over onto its side, upside down, or spins, those inside the car can suffer from broken/smashed extremities, neck and spinal cord damage, brain trauma, and physical disfigurement.
Essential Steps To Take After a Car Accident
As much as you don’t want to think about the possibilities, you may be involved in a car accident at some point in your life. Even if you drive safely and follow traffic laws, you can’t control what other drivers are doing on the road. If you do find yourself in one of these incidents, it’s important to act wisely and take the right steps. Following best practices will help ensure you get the physical and financial help you need to recover. If you don’t understand these steps, or perhaps were unable to take them because of the extent of your injuries, call an auto accident lawyer in Canoga Park, CA.
Call the Police
Some people may not want to hassle with calling the authorities following an accident, especially if it’s a minor collision and there doesn’t appear to be significant injuries. Still, you should always alert the police after an accident so you can file a report. If the accident isn’t your fault, this report can verify that information and protect you from a lawsuit. If you do decide to file a claim, you will need to show this report to the insurance company and your auto accident lawyer in Canoga Park, CA.
Exchange Information
Never leave the scene of an accident. Stay put and make sure everyone involved is all right. Stay calm when you approach the other driver and ask for his or her insurance and contact information. You will need to get in touch with the other party’s insurance company. As an auto accident lawyer in Canoga Park, CA might explain, if anyone leaves the scene before help arrives, it may be a hit and run, and could carry criminal penalties in addition to civil consequences.
File a Claim
If there is any to your vehicle or if there are injuries, you’ll want to file an accident claim. Your insurance policy should cover repair costs after you pay your deductible. The coverage should also pay for medical bills you incur to care for injuries. The faster you file a claim, the more smoothly the process should go. Be sure to call an auto accident lawyer in Canoga Park, CA before you accept a settlement or make a statement.
Talk to the Other Driver’s Insurance Provider
If the accident wasn’t your fault, call the other party’s insurance company after you file a claim with yours. The other policy should pay for medical treatments that exceed your policy’s limits. Make sure you give detailed information about the accident to the insurance agent, including who was injured and the extent of those injuries.
Speak With a Car Accident Lawyer
In serious accidents where you suffered severe injuries, you should consult an experienced auto accident lawyer in Canoga Park, CA, and one that specializes in car accidents. Your lawyer knows how to put pressure on the insurance company’s to honor their policies and pay you what you deserve. He or she will also advise you whether you should file a lawsuit against the other party. Suffering a car accident can be stressful and taxing on your body, emotions and bank account. If you take this approach and go through the right channels, you can have the peace of mind you want.
Physical Injuries Explained
The range of physical injuries to driver and passengers can be endless. In minor crashes, victims may have only mild scrapes and bruises. In more serious collisions, victims may face life-changing injuries and conditions that require emergency care. The more serious the injury, the more costly to treat it, and the more necessary it may be to hire a skilled auto accident lawyer in Canoga Park CA like Barry P. Goldberg. Here we have categorized the most common physical injuries and the symptoms associated with them.
- Traumatic Brain Injury: concussion, brain bleeding and swelling, confusion, disorientation, loss of memory or senses.
- Neck/Back Injuries: herniated discs, neck sprain, whiplash, dislocated shoulder, object impalement, and lacerations.
- Spinal Cord Damage: the spine and nearby nerves can become damaged, resulting in loss of motor skills or sensations.
- Skin Burns: if the vehicle caught on fire or hazardous chemicals leaked, a victim can suffer from physical burns and scarring.
- Fear and Trauma: a victim can sustain mental and emotional injuries including anxiety, depression, or newly formed avoidances associated with driving.
Obtain Compensation with the Help of an Attorney
Many people choose to contact an attorney after a serious car accident in which there are substantial financial and physical losses. To protect your rights, it may be necessary to have a legal professional by your side.
Rear-End Car Accident
Many people who get into car accidents tend to assume that finding liability is relatively simple. There is one person who hit another person and the person who caused the accident should compensate the victim. However, the answer to who is liable in a car accident is not always quite so simple. Even in the case of a rear-end collision accident the person who is responsible may not be so obvious. If you were recently involved in a car accident and are recovering from a personal injury, the attorneys at Barry P. Goldberg, PLC are here to help you find who the liable party is by gathering evidence and building a strong case. When this happens, we can work to get you the compensation you deserve so that you can pay for your medical bills and any other damages you may be experiencing because of this accident. If the accident was a rear-end collision, it may not always be clear who is at-fault, so working with one of our trusted attorneys can help you set the facts straight. Call our office now.
Is it always obvious who is at fault in a rear-end accident?
The short answer is no, though typically the driver who rear-ends the other vehicle is the one who will most likely be found at fault for the car accident in question. Some of the scenarios where the person driving the car in front may be responsible in a rear-end collision are:
- If the car in front reversed out of nowhere.
- If the person driving the car in front decides to “break-check.” When this happens, the car in front slams on their brakes for no valid reason when the car behind them is tailing them.
- If the car in front has broken equipment—like a brake light—that can cause the rear driver to not see the car slowing down and coming to a stop.
How do I get compensation?
When the facts of your rear-end collision are straightforward, we can work with you to gather evidence from the scene of the accident, like pictures, witness statements, and a police report to determine who is liable for the accident. If the person who rear-ended you is responsible, we will submit a claim to the other driver’s insurance to get the compensation you deserve for any injuries and for property damage. While the compensation you receive for the damage to your vehicle is typically objective, it can be much harder to determine compensation regarding injuries and things like pain and suffering.
Common Injuries
Some of the most common injuries after a rear-end collision are soft tissue injuries like whiplash. Whiplash is a neck injury that results from your car stopping suddenly while your neck and head continue to move in a back and forth or side to side motion. When you are injured, one of the most important things you can do immediately following the accident is to seek medical attention to record your injuries and begin a treatment plan.
If you were recently rear-ended and would like to get compensation for your injuries and personal property damage, reach out to one of our attorneys at Barry P. Goldberg, PLC to see how we can help you with your case.
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.
Who Pays Medical Bills After an Accident?
Injury accidents occur every day. Roadways are overburdened with masses of people trying to make their way around the country, and unfortunately, crashes are bound to happen. If you get hurt as a result of someone else’s negligence, how do your medical bills get paid? Knowing the process mandated by your state can help you concentrate on getting better rather than worrying about how you will pay for your care. In general, a Canoga Park, CA car accident lawyer can explain this to you; however, to help you understand a general overview of how your bills can be paid for, consider the following.
Accidents in No-Fault States
Insurance companies and the way they deal with claims differ from state to state. As a Canoga Park, CA car accident lawyer might explain to you, some states operate under a no-fault law where accidents are handled through each driver’s carrier. In a no-fault state, residents are required to carry something called personal injury protection or PIP. It is in addition to their policy and is specifically designed to cover medical costs. If the limits of the PIP coverage are reached, the injured party may try to pursue the driver who caused the accident in civil court. Even in a no-fault state, if another person caused an accident that led to serious injuries, their insurance company may be responsible for medical care.
Dealing With Fault-Based Insurance Processes
The states that assign fault work differently that no-fault states. The insurance companies determine who is responsible for the accident and assign blame accordingly. There are a few things that become important in this situation:
- Did one driver get all the blame?
- Are both drivers partially responsible?
- Do the laws differentiate comparative or contributory negligence?
If your state assigns partial blame to both drivers under a comparative negligence policy, then each person can claim damages, including injuries. For instance, if one driver gets 80% liability and the other 20%, then the more injured driver (probably 20%) can get reimbursed up to 80% of their medical bills. However, if your state is a contributory state, and you are found partially at fault, the other insurance company does not have to pay you anything. The right car accident lawyer in Canoga Park, CA can help to determine whether or not you were at fault for the accident.
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.
Talk to an Auto Accident Lawyer Canoga Park CA Drivers Turn to for Help
Please reach out to our firm immediately, as you may only have a certain amount of time to file a lawsuit if you so decide. Call our office to schedule a free consultation. An auto accident lawyer in Canoga Park, CA like Barry P. Goldberg can review your case in detail and help you decide if legal action is the right choice for you.