We understand that auto accidents can be devastating to injured people and their families. Our team of experienced car accident attorneys have recovered millions of dollars in damages for people injured in auto accidents.
As your case is investigated, we are behind you all the way, with professional guidance and genuine concern for your well-being. Our attorneys are supported by certified paralegals and a well-trained administrative staff. Our goal is to achieve the very best result for every client.
If you were injured in a car accident, you may be entitled to money for damages such as:
- Payments for past and future medical expenses
- Hospital bills
- Vehicle repairs
- Loss of past and future income and earning capacity
- Emotional distress
- Past and future pain and suffering
- Other expenses related to the accident
If a member of your family has been killed in an car accident, you have the right to sue for the wrongful death of your loved one.
Many auto accidents result from the carelessness (negligence) or recklessness of another driver. Sometimes the auto manufacturer is to blame, if the car has a safety defect or defective design (such as seatbelt or airbag failure). The law allows injured drivers and passengers, and the families of those who have been injured or killed in auto accidents, to file legal claims against the drivers or companies that caused the injuries. Find out more about auto/car defects.
Frequently Asked Questions about Auto Accidents:
Stop your car and move it to the safest location you can find without leaving the accident scene. Try to be as far from moving traffic as possible. Call 911 to get police and medical help. Make sure that everyone is out of danger and write down as much information as you can while you are at the scene. If you cannot get it all down at the scene, write down additional information as soon as possible, while your memory is fresh. Important information includes:
- Write down the names, driver's license numbers, contact information (at least home address and phone number), vehicle license plate numbers and insurance information for all drivers involved in the accident.
- Write down the names and contact information for all passengers, all pedestrians, and all witnesses.
- Write down whether any of the drivers appear to be under the influence of alcohol or drugs, the behavior you observed (such as slurred speech) and the names of any other witnesses to this impaired behavior. Witnesses are important because after any substances wear off, it will be your word against the word of the impaired driver.
- Write down any and all statements you hear about the causes of the accident or about any injuries. Did anyone say "I'm not hurt"? Did anyone take responsibility for the accident, even partially, by saying "I wasn't looking either," "I was distracted," "I wasn't wearing my glasses," "I spilled my coffee," etc.
- Write down the location, date, and time of the accident. Include weather and lighting conditions, road conditions and any other environmental factors that may have been related to the accident. For example, if a grassfire was sending thick smoke onto the roadway, this may have contributed to the accident, and could lead to another person who was responsible for causing the accident.
- If you have a camera (or a cell phone with a camera), make sure to take photos of any damage to all vehicles involved and take photos of the area of the accident.
- Make a detailed description of the accident, including which direction the vehicles were going before the accident, the weather and related conditions (fog, rain, night, ice), what happened, any injuries, what was damaged, and what the police did, especially if they issued tickets or gave a sobriety test.
- Make a simple diagram of the accident. Draw the positions of all involved cars before, during and after the accident. If there are skid marks on the road, pace them off. Draw them on the diagram, noting the distance they cover. Mark the positions of any crosswalks, stop signs, traffic lights or streetlights. If you have a camera with you, take pictures of the scene, and of the other drivers and occupants. However, do not place yourself in a position of danger in order to complete an accident diagram. Be aware of traffic conditions and skip any measurements that could place you in a position of harm.
- Write down any problems with vehicles not caused by the accident, such as bald tires or a burned out headlight. Take photos if possible.
- Write down contact information for police at the accident scene.
Gather as much information for the later investigation as possible. As time passes, memories tend to fade. When you are questioned later, you'll be glad you wrote down the details at the scene.
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Typically reports should be filed with the police, your insurance company and the DMV:
- Police or Other Law Enforcement — In California, if the accident causes personal injury or when property damage is more than $500, you are required to report the accident to the police promptly. You may have to make reports in person at the police station, although some officers may take reports over the phone.
- Your Insurance Company — Most auto insurance companies require their policyholders to promptly report a car accident, so that the company can conduct its own investigation. Failure to report in time may mean the company can deny you coverage.
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Department of Motor Vehicles ("DMV”) — California requires every driver involved in an accident causing personal injury or property damage in excess of $500 to file an SR-1 form. Typically a DMV report must be filed within five or ten days of the accident. If you fail to report the accident to the DMV, your driver’s license could be taken away, regardless of fault.
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Do not volunteer any information about who was to blame for the accident. At the scene of the accident you may be upset, confused, or injured, and you certainly will not have had time to consider all of the facts surrounding the accident. You may think you are in the wrong and then learn that the other driver is as much or more to blame than you. You may wish to consult an attorney before making any statements about the accident, except to cooperate with law enforcement at the scene. Remember that anything you say to the police or the other driver could be used against you at a later time.
Do not agree to pay for damages or sign any paper except a traffic ticket. The scene of the accident is not the place for such decisions to be made.
Be sure to cooperate with the police officer investigating the case. But, stick to the facts. For instance, if you know you were driving 30 miles an hour, say so. Do not say, "I wasn’t speeding."
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Even if you feel fine after an accident, it is a good idea for drivers and passengers to see their doctors after an accident, just to be sure that everything is all right. The doctor may recognize injuries, sometimes serious, that are not apparent to you. The charges for a doctor visit and medical treatment may be covered by your insurance. It is not recommended that you settle claims from an accident until a doctor has seen you and advised you about the extent of your injuries, if any.
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Millions of car accidents occur each year, injuring people and damaging property. Where the accident is very minor, many people file reports with the police or DMV, tell their insurance company, and pay for repairs or minor medical treatment out of their own pockets. But all too often the accident causes serious injury, extensive damage to your car, and can cost you a lot of physical pain, money, time, and inconvenience.
Under California law, "damages” are defined as the amount of money that is awarded to compensate someone who has been harmed by the wrongdoing or carelessness (negligence) of another person. You may seek payment after an accident to "make you whole again." You should be paid in a manner that places you back in the same position as you were before the accident, as much as possible.
There are two broad categories of damages available, "Economic Damages” and "Non-Economic Damages". Following is a breakdown of the types of injuries covered under Economic and Non-Economic Damages:
In auto accident cases, Economic Damages may include:
- Medical expenses — past and future
- Lost wages — past and future
- Lost earning capacity
- Loss of ability to provide household services
- Damage to real property (for example, a car hits a house)
- Loss of use of real property
- Damage to personal property (for example, your car)
- Loss or destruction of personal property
- Damage to personal property having a special value (for example, family photos)
- Loss of use of personal property
- Lost profits
Non-Economic Damages for "pain and suffering” are often the most controversial part of any auto accident case, partly because it is hard to determine the nature and extent of pain and suffering, and partly because such damages can be a very large part of any overall recovery. These damages may include:
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The answer depends on many factors that can only be determined by a detailed investigation by your attorney with help from an engineer. If the engineer determines that this accident should have set off the airbags, and if you were injured (or more seriously injured) because the airbags did not deploy, you may be able to file a product liability lawsuit against the auto or airbag manufacturer.
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If you have been injured in a vehicle accident it is important that you contact an attorney immediately to protect your rights. To contact an experienced car accident attorney at Kershaw, Cutter & Ratinoff and to get a free and confidential case evaluation, please fill out and submit the contact form on this page or call us toll-free at (888) 285-3333.