Lawyers For California Accidents
Accidents happen. When people get hurt in accidents, the law may require the person who caused the accident to pay money compensation to the injury victim. But, not all accidents entitle the injury victim to damages. Only accidents that are caused through the negligent behavior count.
So how do you know whether your accident gives you a legal right to make a claim and demand a settlement? It's a great question. And you have come to the right place. Napolin Accident Injury Lawyer is your definitive source to learn about accidents and whether or not you have a qualifying case.
Your legal right to recovery depends on many factors that will not be clear to you right away. Once you learn the basic general information, it will be time to reach out to an accident injury lawyer for a free consultation. If you are hurt in an accident and believe someone else caused it, then it's time to consult with a lawyer.
How Accidents Happen
The world around us tends to be disorganized unless acted upon. This is known as the law of entropy. Accidents are going to happen no matter what. The key to whether or not you will be able to make a claim for your injuries will depend on identifying the negligence of another.
Negligence is when someone does something that a reasonable person would know could cause harm. It can also be failing to do something that a reasonable person would do to prevent foreseeable harm. Once you can prove that the other person's negligence caused your accident and resulting injuries, you will have a right to make a claim for damages.
These are just some of the ways people get injured through the negligence of others. The one commonality in each example is that the accident would not have happened but for the negligence of another. Some of the most common types of accidents where negligence exists include:
Automobile accidents are probably the most common example of a common type of accident that involves negligence. In fact, these situations are so common that drivers and owners of automobiles must carry liability insurance just to pay out claims. California drivers must carry a minimum liability coverage for $15,000.00 per person / $30,000.00 per occurrence. While some drivers carry more than this amount, many drivers carry none at all.
This is one of the reasons why it's important to always have uninsured or underinsured motorist coverage on your automobile policy. If you are hit by a driver with little or no insurance, your own policy will pay for some, if not all of your damages.
Bicycle accidents are less common but they do happen. And, when they do, the injuries suffered by bicyclists can be catastrophic. Because bicycles don't offer much protection, a simple fall can result in traumatic brain injury, spinal cord damage or even death.
In order to make a claim for damages if you are injured in a bicycle accident, you will need to prove that the driver of the car or other vehicle was negligent. This can be done in a number of ways but it will typically involve showing that the driver was distracted, speeding or otherwise not paying attention to the road.
It is important to note that California law requires drivers to give bicyclists a 3-foot buffer when passing. This means that if a driver hits a bicyclist while trying to pass, the driver is automatically at fault.
Motorcycle accidents are similar to bicycle accidents in that they often result in serious injuries. This is because motorcycles offer very little protection to riders.
In order to make a claim for damages if you are injured in a motorcycle accident, you will need to prove that the driver of the car or other vehicle was negligent. This can be done in a number of ways but it will typically involve showing that the driver was distracted, speeding or otherwise not paying attention to the road.
It is important to note that California law requires drivers to give motorcycles a full lane when they are sharing the road. This means that if a driver hits a motorcycle while trying to share the lane, the driver is automatically at fault.
Trucking/18-Wheeler/Big Rig Accidents
Trucking accidents are different than other types of accidents because there are different rules that apply to truckers. For example, truckers are required to take rest breaks and they are not allowed to drive for more than 11 hours at a time.
If you are involved in an accident with a truck, it is important to hire an attorney who is familiar with the rules that apply to truckers. Your attorney will be able to investigate the accident and determine if the trucker was following the rules. If not, you will have a strong case for damages.
Pedestrian accidents are becoming more and more common as our roads become more congested. And, these accidents often result in serious injuries because pedestrians have no protection from the impact of a car. In order to make a claim for damages if you are injured in a pedestrian accident, you will need to prove that the driver of the car was negligent.
It is important to note that California law requires drivers to yield the right of way to pedestrians who are crossing the street. This means that if a driver hits a pedestrian while the pedestrian is crossing the street, the driver is automatically at fault.
Boating accidents are different than other types of accidents because there are different rules that apply to boaters. For example, boaters are required to take a boating safety course and they are not allowed to operate a boat while under the influence of alcohol.
If you are involved in an accident with a boat, it is important to hire an attorney who is familiar with the rules that apply to boaters. Your attorney will be able to investigate the accident and determine if the boater was following the rules. If not, you will have a strong case for damages.
Airplane accidents are different than other types of accidents because there are different rules that apply to pilots. For example, pilots are required to have a license and they are not allowed to fly in bad weather.
If you are involved in an accident with an airplane, it is important to hire an attorney who is familiar with the rules that apply to pilots. Your attorney will be able to investigate the accident and determine if the pilot was following the rules. If not, you will have a strong case for damages.
Slip and Fall accidents
Slip and fall accidents often occur on someone else’s property. And, these accidents can be serious because the injuries sustained in a fall can be significant. In order to make a claim for damages if you are injured in a slip and fall accident, you will need to prove that the property owner was negligent.
It is important to note that California law requires property owners to maintain their property in a safe condition. This means that if you are injured in a slip and fall on someone else’s property, the property owner may be liable for your injuries.
If you are bitten by a dog, you may be able to make a claim for damages against the dog owner. In order to do so, you will need to prove that the dog owner was negligent.
It is important to note that California law requires dog owners to keep their dogs under control at all times. This means that if a dog bites someone, the dog owner may be liable for the victim’s injuries.
Accidents Must Be Negligent to Qualify for Compensation
Accidents can happen in the blink of an eye all over the world each and every day. While some accidents can simply be explained by bad luck, a large majority of them are caused by negligent actions. When someone becomes injured due to the negligence of another party during an accident, whether intentional or unintentional, they are entitled to damages under California state law.
To recover damages, the injured victim must show that the other driver owed a duty of care, breached that duty, and caused the accident that led to the victim's injuries. Duty of care is the legal obligation to avoid causing foreseeable harm to others. All California drivers have a duty to use reasonable care while driving. Reasonable care means obeying all traffic laws, driving at a safe speed, and being careful in bad weather or around pedestrians.
Exception for Accidents that Happen at Work
Accidents that happen at work may qualify for workers' compensation benefits even if no one was negligent. This is because California has a no-fault workers' compensation system. This means that if you are injured at work, you can get benefits regardless of who was at fault if your employer had valid workers' compensation insurance.
However, there are some exceptions to this rule. If your employer does not have valid workers' compensation insurance, you can sue them for negligence. Additionally, if your injury was caused by someone other than your employer or a co-worker, you can sue the third party for negligence.
Car Accident Third-Party Case Example
For example, if you are injured in a car accident while on the job, you can sue the other driver for negligence even though California has a no-fault workers' compensation system that applies. Your workers' compensation carrier may have a right to reimbursement from any money that you do collect from the negligent person.
Accidents Must Cause Injuries to Qualify for Compensation
In order for an injured victim to recover damages from a California car accident, the victim must have suffered actual injuries. California is what is known as an "at-fault" state when it comes to car accidents. This means that the person who caused the accident is responsible for the victim's damages.
However, in order for the at-fault driver to be held liable, the victim must have suffered actual, physical injuries. Merely being scared or shaken up after an accident is not enough to recover damages. The victim must have suffered a physical injury that required medical treatment.
Common Types of Injuries Sustained in California Accidents
There are a wide variety of injuries that California car accident victims can suffer. Some of the most common include:
- Broken Bones
- Sprains and Strains
- Internal Bleeding
- Organ Damage
- Whiplash Injury
- Emotional Distress
- Loss of Consortium
- Pain and Suffering
- Back Surgery
What Are Damages?
An injury can be the result of many different circumstances, whether they were caused intentionally or unintentionally. They can be the result of something as common as a fender bender in the grocery store parking lot or something more severe like medical malpractice. Whatever the case, if you or a loved one are suffering from injuries due to a negligent third party, you are entitled to damages under California state law.
Damages is a term that is used often in the legal world and for accident victims, this term is something you should become familiar with. In personal injury law, damages refers to the monetary compensation that a plaintiff claims the defendant is legally responsible for. According to legal theory, the reason for seeking these damages is to make the plaintiff “whole” again after an accident. These is an award of money compensation by the jury for:
- Past Medical Costs
- Future Medical Costs
- Lost Wages
- Lost Earning Capacity
- Pain and Suffering
- Emotional Distress
- Loss of Consortium
Another category known as punitive damages is another common term in personal injury law and may be applicable in cases of more heinous actions where the defendant is punished for acts done with reckless disregard for safety or with actual malice.
What to Do After an Accident Injury
When you or a loved one becomes injured as a result of an accident it only makes sense that you may feel afraid, stressed and unsure of what steps to take next. There are a few things you should do in order to protect your rights. If you wait too long to take action or say the wrong thing, then you may have jeopardized your legal right to make a claim for damages. Quick thinking during the first few moments and days following an accident is crucial to building a strong claim and can greatly increase your chances of reaching a settlement.
First, it is important that you seek medical attention as soon as possible. This will not only ensure that you get the treatment you need, but it will also create a record of your injuries.
Second, you should gather as much evidence as you can from the scene of the accident. This can include photos of the damage to your vehicle or bicycle, as well as witness contact information.
Third, you should contact an experienced California accidents lawyer who can help you navigate the complex legal process and ensure that you get the compensation you deserve.
California Law Protects Victims of Accidents
Accident victims are protected under personal injury laws in California and because of this, they are legally allowed to seek a monetary settlement to pay for medical bills, lost wages, damages and other issues stemming from an accident.
If you have been injured in an accident, it is very important that you hire a personal injury lawyer to represent your claim as soon as possible. An experienced attorney can help guide you through the crucial first steps that you need to take following an accident including filing paperwork, speaking with insurance companies and keeping up with important medical treatments.
Personal injury law is a complex system that requires the guidance and knowledge that only an experienced attorney like Alexander D. Napolin and his team of experts can provide. For those who have been injured as the result of an accident in southern California, the experienced team at Napolin Accident Injury Lawyer is here to help you get the settlement you deserve. If you or a loved one was injured in an accident, it is important to act quickly when pursuing a personal injury claim.
Our experienced legal team has helped countless accident victims get the compensation they deserve. We understand how overwhelming this process can be and we are here to help. Contact us today for a free consultation.