CAR, TRUCK AND MOTORCYCLE ACCIDENTS
What Should I Do if I am Involved in a Car, Truck or Motorcycle Accident?
Car, truck, and motorcycle accidents are some of the most common types of road accidents worldwide. These accidents can occur due to various factors such as speeding, distracted driving, driving under the influence of alcohol or drugs, and reckless driving. The consequences of such accidents can be devastating, ranging from property damage to severe injuries and even death. It is essential for drivers to practice safe driving habits, follow traffic rules and regulations, and be aware of their surroundings to avoid accidents on the road. However, in the real world, in many instances this does not occur, and negligent and reckless drivers cause injury to unexpecting and innocent motorists on the road. If an individual is injured by another driver due to a car, truck or motorcycle accident, seeking immediate medical attention and the legal help of a personal injury attorney is crucial. Without the assistance of a personal injury attorney, insurance companies will not fairly compensate the victim of a vehicle accident for the injuries and damages they suffer. With assistance from the highly experienced attorneys at Dorriot, Postajian & Shah, PC, victims of vehicle accidents can expect maximum compensation.
How Do I Prove Who is at Fault for My Car, Truck or Motorcycle Accident?
If you are involved in a motor vehicle collision, then various sections of the California Vehicle Code apply to determine the at fault or liable party. Generally, California Vehicle Code, Section 22350 states that, “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” If a driver is in violation of the above stated code during a motor vehicle collision, the driver will at the very least share a percentage of the fault for the collision. For rear-end collisions specifically, California Vehicle Code, Section 21703 is applicable, which states, “[t]he driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” For stop-sign related collisions, the at fault party generally violates California Vehicle Code, Section 21802 (a), which states: “The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop as required by Section 22450. The driver shall then yield the right-of-way to any vehicles which have approached from another highway, or which are approaching so closely as to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety." For collision that occur due to a motorist making a left or right turn into the path of another motorist, California Vehicle Code, Section 22107 is applicable, which states: “No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.” Regardless of the type of car, truck or motorcycle accident you are involved in, it is crucial to retain a personal injury lawyer to help defend your rights.
How Do I Sue for a Car, Truck or Motorcycle Collision I was Involved in?
Taking legal action of any kind, including suing for a car, truck or motorcycle collision can be complicated. There are many steps that need to be followed before a lawsuit is filed, and even more steps must be completed after. These steps may include filing a government claim and obtaining relevant police and medical reports, among many others. Although many of these steps can be completed without a personal injury attorney, often times people filing the forms on their own behalf may miss deadlines or omit important information that should have been included. For this reason, it is highly advisable that you consult our personal injury lawyers. Our personal injury attorneys will ensure that all of the required and advisable steps are met and will maximize your chance of winning your lawsuit.
What If I Have No Evidence?
Many people who have gotten into a car, truck or motorcycle collision fail to take any action against those who caused it because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request a Traffic Collision Report if one has been created, in addition to other documents (including emails and other electronic evidence) from anyone involved. We can also subpoena witnesses to testify, and even take the deposition of the people who caused the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Car, truck or motorcycle collision cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a car, truck or motorcycle collision must be filed within two (2) years after the accident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. For example, you may need to file a Government Tort Claim within six (6) months of the incident, if a public/government employee or agency is involved in the accident. Because of the many and complicated deadlines involved in a car, truck or motorcycle collision, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, a car, truck or motorcycle collision cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages in the case of intoxicated drivers or drivers who flee the scene of the accident. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for motorists to drive while intoxicated or flee the scene of a collision. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
GET HELP NOW
Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured due to a car, truck or motorcycle accident, please contact our office for a free consultation.