Car Accident

Have You Been Injured in a Car Accident?

Being involved in a car crash can seem like the worst thing that’s ever happened to a person. A big crash can result in permanent injuries and emotional scars that can last a lifetime. Even minor car accidents can have lasting effects on a person’s emotional, physical, and financial wellbeing.

If you’ve been involved in a car crash, you are at war with the insurance company for the person who caused the accident. Their sole mission is to spend as little money as possible to make you go away. Do they care if your car gets fix properly? No. Do they care if you can’t get a rental car? No. What if you can’t work? What about your injuries and the devastating effects an accident can have on your life? They. Don’t. Care.

You need to contact an attorney right away if you’ve been involved in a car accident to find out what your rights are. Consultations with the Law Offices of Geoff Rill are free. Even if you don’t need to hire us, we’re happy to point you in the right direction and make sure you don’t get taken advantage of by the “claims department” of the insurance company for the person who caused the accident.

Determining Fault in a Car Accident

California law relies on the concept of comparative negligence to determine which party may be responsible for damages in the event of a car accident. This determination lowers the amount that a plaintiff may recover when compared to a pure negligence system. Even if you are 99% responsible for an accident, you may still be able to recover damages.

However, the law isn’t the only consideration for determining fault. Insurance companies will also assign a blame percentage to all parties that are involved in a car accident. If the parties are equally responsible, there will be a 50/50 split, but if the other person broke a traffic law, it may lean closer to 70/30 in a plaintiff’s favor.

Working with Car Insurance Companies

Working with your insurance company, regardless if you were at fault or not can be difficult. Because they make their money by collecting premiums and deductibles, every time someone gets in a car accident, they lose money, making it in the insurer’s best interest to pay car accident victims as little as possible.

Unrepresented people pose an easy target for insurance companies. The insurance company will do anything to under-compensate car accident victims for injuries. At the Law Offices of Geoff Rill, we have experience dealing with insurance agents and adjusters and will fight to earn you the maximum compensation.

Proving Negligence

If you have been injured in a car accident, it will be up to you and your lawyer to prove the other driver was negligent, or that the other driver didn’t act with reasonable care. If your personal injury lawyer can prove negligence, you will be entitled to obtain compensation.

Along with proving negligence, your attorney will also need to persuade the insurance company of the following:

That the defendant owed you a duty of care.
Your attorney needs to prove that the defendant breached this duty.
Your attorney must prove the breach happened only because of the defendant’s action.

The court system will want proof of loss, including medical expenses, car repair bills, and lost wages. In California, attorneys are also required to show not only actual cause, but also proximate cause.

Recovering Damages

Are you seeking to collect damages after a car accident? You can claim both financial and non-economical damages. Most will choose to seek financial damages, from car repair bills to surgery costs and more. However, the reason many choose not to seek out non-economic damages is due to the challenge of proving them. This includes emotional harm, reputation damages, among other reasons.

It will be up to your attorney to work with both physicians and psychologists to prove these intangible injuries. Each court has its way to compensate for intangible or non-economic damages, which may include a daily rate method or a measurement of pain and suffering.

Common Car Accident Injuries

Every year, more than 3 million people suffer automobile accident-related injuries, from minimal injuries like scrapes and bruises to large-scale injuries like spinal cord injuries and broken bones. Some of the most common car accident injuries include:

Spinal cord injuries
Lacerations
Broken bones
Pain and suffering
Compound fractures
Whiplash
Internal bleeding
Traumatic brain injuries
Post-traumatic stress disorder (PTSD)
Wrongful death

What to Do After a Car Accident

Motor vehicle accidents can be traumatic and make you feel disoriented and confused.

Whatever you do, do not admit fault.

While it’s acceptable to express remorse and concern, don’t say you caused the accident, regardless of what happened. Admitting fault makes it significantly harder to earn compensation or defend yourself later. Here are more steps to take if you have been involved in a car accident.