Insurance companies don’t care about fairness or compassionate care for accident victims. After a crash, the insurance company for the other driver will begin collecting evidence and trying to minimize your injuries and the value of your case. Although the adjuster may seem friendly, he or she is not on your side and owes you no duty of loyalty. It is important to have my office on your side. We will immediately gather the evidence and build a strong case. If you are hurt in a crash, a Folsom car accident lawyer at Black & DePaoli will assist you. We have helped injured people throughout California obtain the justice they deserve.
Understanding Your Rights After a Car Accident
When you’re injured by the negligence of another, you are entitled to compensation for your medical treatment and bills. The damages that may be awarded in these cases are often substantial, extending from compensation for medical bills, the costs of future treatment, lost income and earning capacity, and property damage to the pain and suffering that the victim endured. It is critical to take legal action as soon as possible after an accident since the California statute of limitations restricts the time within which a victim may bring a claim.
Establishing Auto Accident Liability
If you are injured in a car accident, where other drivers were at fault, your attorney will need to identify all of the parties that were potentially at-fault property owners that permitted dangerous conditions on the road, and manufacturers of malfunctioning automobile parts. Most car crashes result from negligence by one or more drivers.
A jury will award special (economic) and general (noneconomic) damages when liability is established in an accident case. Special damages may include medical expenses, lost wages, out-of-pocket expenses, and household services. General Damages include a person’s loss of quality of life, including pain, suffering, and emotional distress.
In some cases, the at-fault party does not have sufficient insurance or assets to cover the injuries to our clients. You may be able to recover your full damages from your own automobile insurance policy.
Types of Car Accidents
Motor vehicle collisions are an unfortunate reality of driving on California highways. The cause behind a car accident generally informs the legal options for the victims. A car accident personal injury attorney in Folsom, California can help a car accident victim know the best steps to take following a car accident. An attorney will need to determine whether the individual has grounds for a legal claim based on how the accident occurred.
Some of the most common types of car accidents that occur in the Folsom, California area include:
- DUI accidents. Driving under the influence of drugs or alcohol is incredibly dangerous to both the impaired driver and every other driver on the road. Alcohol diminishes reaction time, judgment capability, and dull the reflexes. Many DUI accidents result from an impaired driver taking inappropriate action and causing an accident that would have otherwise been entirely avoidable. Drivers who cause accidents with other drivers while under the influence of drugs or alcohol will face not only civil lawsuits from victims but also criminal punishment under California’s DUI laws. Penalties for DUI can range from fines and jail time to mandatory drug and alcohol education courses and driver’s license suspension. Penalties for DUI violations increase with every offense. Drivers with multiple DUIs on their records will have a much harder time earning the court’s sympathy when it comes to the civil litigation they face from injured victims.
- Moving violation accidents. The traffic laws, signals, and lane designations in California all exist to help drivers navigate the Golden State safely and to anticipate the actions of other drivers. Failing to abide by the traffic laws in California can not only lead to fines from local police but also cause accidents. Speeding, failure to yield, failure to maintain lane, and traffic signal violations are all common examples of moving violation accidents that occur around the Folsom area. In some cases, structures like traffic signals have cameras built into them that can record footage of drivers committing moving violations, and an injured car accident victim’s attorney may secure this footage as evidence in a civil claim against the responsible driver.
- Dangerous driving accidents. Unfortunately, there are many aggressive and dangerous drivers on the road who might engage in unsafe driving behaviors to assert themselves over other drivers or intimidate other drivers into getting out of their way. Tailgating, or driving too close to another driver, is a common tactic meant to encourage the leading driver to change lanes out of the tailgater’s way. If the leading driver slows suddenly, the tailgater may not have time to react and avoid a rear-end collision.
A few other examples of dangerous driving that can cause serious accidents in the Folsom, California area include reckless driving in residential areas, swerving aggressively, changing lanes without signaling, dangerous sudden stops, and improper passing accidents.
- Distracted driving accidents. Every state has devised distracted driving laws over the past several years to curb the number of accidents caused by texting behind the wheel. Texting while driving is by far the most common and most dangerous form of distracted driving that takes place today, but it is certainly not the only one. Distractions come in many forms. They include anything that causes a driver’s mind to wander away from focusing on driving, take their eyes off the road, or take their hands off the vehicle’s controls.
- Uninsured or underinsured driver accidents. The first line of defense for an injured driver after a car accident is insurance coverage. When a car accident occurs, the drivers involved exchange their insurance information. Unless there is any question about fault for the accident, the driver who was not at fault will file an insurance claim against the at-fault driver’s policy. Ideally, the at-fault driver’s auto insurance will pay for the victim’s damages and injuries. However, this is not always feasible if the at-fault driver does not have adequate insurance coverage to pay for the full cost of the damage from the accidents. Some drivers carry additional insurance coverage specifically for accidents with underinsured and uninsured drivers, but adding this coverage to a policy comes with a higher monthly premium. In some cases, underinsured and uninsured motorist coverage may pay for the full amount of damages from an accident. Otherwise, the injured driver will need to file a civil claim against the at-fault underinsured or uninsured driver.
- Accidents caused by vehicle maintenance issues. California drivers have a duty to ensure their vehicles are safe for the road, and that safety features such as lights, turn signals, brakes, tires, and other parts are in functional condition before driving. If a driver knows about a mechanical issue with their vehicle but does not address it in a timely and reasonable manner, the problem could lead to an accident with another driver. If a driver takes their vehicle into a garage for service and the maintenance was performed incorrectly, it’s possible for whoever worked on the car to face liability for a resulting accident. Similarly, if a defective part is installed in a vehicle, the part manufacturer could be accountable for resulting injuries under California’s product liability laws.
- Night driving accidents. Driving at night is inherently more dangerous than driving during the day. Visibility is lower, and lights from other vehicles or reflections can be disorienting. Drivers who do not feel safe or confident driving at night should refrain from doing so to avoid potentially causing accidents. Failure to engage headlights or abide by traffic signals at night can easily cause a collision.
If you experienced an auto accident in the Folsom area recently, call our office. We can help determine your best options for recovery if you’re facing medical expenses, lost income from missed time at work due to your injuries, expensive vehicle repairs, and pain and suffering. A car accident personal injury lawyer in Folsom, California, can be your best asset and help guide you to the fairest option for recovery in your situation.
Discuss Your Injury With a Folsom Car Accident Attorney
Our principal, Black & DePaoli, spent a decade working for the insurance industry before establishing his own firm, and he understands how insurance companies think. It is crucial to consult a Sacramento car accident attorney before discussing your case with the other driver’s insurance claims adjuster. The firm of Black & DePaoli provides dedicated legal advocacy to victims.
- Drunk Driving Accidents
- Fatal Car Accidents
- Distracted Driving Accidents
- Failure to Yield Accidents
- Aggressive Driving Accidents
- Speeding Accidents
- SUV Rollover Accidents
- Uninsured/Underinsured Motorist Accidents
- Common Injuries in Car Accidents
- Highway Accidents
- Teen Driver Accidents
- Texting While Driving Accidents
- Backover Accidents
- Failure to Maintain Lane Accidents
- Tailgating Accidents
- Drugged Driving Accidents
- Night Driving Accidents
- Reckless Driving in Residential Areas
- Rear-End Collisions
- Head-on Collisions
- Accidents Caused by Traffic Signal Violations
- Side-Impact Collisions
- Sudden Stop Accidents
- Improper Passing Accidents