Los Angeles Car Accident Lawyer

Los Angeles Car Accident Attorney

Car accidents happen every day in various ways throughout the Los Angeles area, and an injured victim is likely to have many pressing legal questions about their recovery options. If you or a family member has been injured in a car accident, you need to speak with an experienced Los Angeles car accident lawyer as quickly as possible to discuss your recovery options. The right attorney can guide you through your proceedings and help you recover as much as possible.

Hiring a Personal Injury Attorney in Los Angeles

Filling out the seemingly unending pile of claim forms and settlement papers can be a huge task to face on your own. Auto accident victims often feel isolated, emotional and concerned. You may be tempted to take the quick settlement just to get the whole incident in your distant memory, but this may not be in your best interest in the long run. Fortunately, calling an attorney is easy and painless!

You know that the insurance company will have their team of lawyers ready to fight and you need someone on your side too. Whether you are bringing a claim against your insurance company or against the other party, an experienced attorney can answer your questions, investigate the accident and file your paperwork to ensure that your case is properly prepared and filed within the time limit required by the court. Your initial consultation will allow your attorney to review your case and determine whether or not you are entitled to compensation for damages.

What Are the Most Common Causes of Car Accidents?

Car accidents can occur for a wide variety of reasons, and every case is unique. The circumstances involved in your accident are specific to you, and every claim should consider the relevant factors and evidence. Identifying causes for accidents is important, however, as that determination will have a direct impact on final settlement awards and liability. The following represent the most common causes of California car accidents:

• Distracted driving. The proliferation of smartphone usage has had a dramatic impact on accidents in the last decade. Distracted driving is considered a public health crisis despite being a completely preventable problem. Texting, watching videos, engaging in phone calls, or searching on a device pulls the driver’s attention away from the road, making them unaware of any sudden dangers or conditions. <
• Driving under the influence. The impairment caused by being under the influence of drugs or alcohol has profound impacts on a driver’s ability to safely operate their vehicle. Driving under the influence is not only extremely dangerous, but it is also illegal. Accidents involving DUIs tend to lead to more serious injuries for a variety of reasons.
• Speeding. There is a general cultural acceptability of speeding in the United States that has had an adverse effect on the number of car accidents nationwide. Driving too fast increases the likelihood of an accident significantly and nearly always demonstrates evidence of negligence.
• Reckless driving. Driving recklessly can easily lead to collisions, such as when a driver changes lanes frequently or suddenly, drives impatiently, tailgates other motorists, or exhibits road rage. While some accident causes are the result of human error, reckless driving typically constitutes gross negligence.
• Driving while fatigued. Motorists who drive while tired or drowsy become a danger to themselves and others. In fact, fatigue can lead to the same symptoms as driving under the influence, such as reduced reaction time, compromised coordination, or inattentiveness. Law enforcement officers often mistake drowsy drivers for drunk drivers.
• Failing to observe traffic conditions. Hazards on the road due to obstructions, debris, improperly maintained roads, potholes, construction zones, adverse weather conditions, or changes in traffic congestion can all lead to accidents if motorists are not careful to maintain attention or adjust to changing conditions.
• Committing a traffic violation. Some of the above behaviors are illegal, such as texting while driving, speeding, or driving under the influence, but failing to observe other traffic laws and regulations, such as stopping at appropriate traffic lights and stop signs, slowing down in construction zones, or wrongly entering into an undesignated traffic lane can leave a driver guilty of committing a traffic violation as well.

No matter how the accident occurs, and regardless of who is at fault, car accidents remain one of the most common ways in which injuries occur.

What Are Some of the Most Common Car Accident Injuries?

Victims of car accidents experience multiple types of injuries, ranging in severity from mild to serious. Car accident injuries can lead to both short- and long-term complications. The most common injuries include:

• Head injuries
• Face injuries
• Neck and back injuries
• Internal organ damage
• Bone fractures
• Burns
• Limb injuries

It is important that victims pursue appropriate legal action against at-fault parties to recover damages for the harm they experienced.

Representing Car Accident Victims in Los Angeles, CA

Duque & Price can provide the legal representation you need in the aftermath of a car accident in Los Angeles. Our firm has years of experience helping injured drivers recover from accidents caused by the negligence and illegal misconduct of others, and we can leverage this experience in your recovery efforts. The faster you contact our team, the sooner we can get started building your case.

While most auto collision cases follow similar procedural rules when it comes to proving fault and recovering compensation for damages, every car accident victim will have unique individual needs and concerns when it comes to resolving these situations. Our team will meet with you to listen to your story, learn as much as we can about your accident and the effects it has had on your life, and provide our professional insights for your recovery options.

Ultimately, you have the greatest chance of recovering as fully as possible from your recent car accident when you have legal counsel on your side. You can rely on our firm to help you gather the evidence you must have to prove fault for the accident, guide you through the insurance claim filing process, and assist you with building a cohesive personal injury suit against the at-fault driver if necessary.

Proving Liability in a Car Crash in Los Angeles

In the state, the fault rule applies to all motor vehicle accidents. This means that if you intend to seek compensation for damages you suffered in a recent accident, you will first need to identify the party you believe to be responsible for causing the accident and prove they are directly liable for the damages you suffered. Whether the fault is clear or you have no memory of the accident, the right attorney can be an invaluable asset for helping you to prove fault.

Most of the car accidents reported throughout Los Angeles and surrounding areas result from driver negligence, and this can take many forms. Some of the most commonly cited forms of driver negligence in Los Angeles auto collision cases include:

• Distracted driving. Anything that diverts a driver’s attention away from operating their vehicle safely can potentially cause a serious accident. Your Los Angeles car accident lawyer will know what evidence you must have to prove an at-fault driver was distracted behind the wheel.
• Speeding. Whenever a driver exceeds posted speed limits, they not only increase their risk of causing an accident but also the severity of any resulting injuries. Catastrophic and fatal injuries are more likely to occur when accidents happen at high speeds, and speeding is one of the top contributing factors to fatal crashes throughout the state each year.
• Poor vehicle maintenance. All drivers have a responsibility to ensure their vehicles stay in good working condition. When any mechanical issue is detected, the driver must have the vehicle checked and repaired in a timely manner. Failing this, they could face liability if a mechanical issue with their vehicle was left unaddressed for too long and caused an accident.
• Moving violations. When drivers disrupt the flow of traffic, fail to yield the right-of-way, perform illegal turns, or run stop signs or red lights, they can easily cause serious accidents. Traffic camera recordings and witness testimony are often valuable pieces of evidence in car accident claims arising from moving violations.

Proving negligence requires a few key elements. First, the plaintiff must show the defendant held duty in the situation and that they breached that duty in some way. Next, they must show that this breach of duty resulted in actual harm to the plaintiff. Finally, they must prove the full extent of the damages the defendant caused, and they must establish causation between the defendant’s negligence and their claimed damages.

While most accidents happen because of driver negligence, they can also occur when drivers intentionally break the law. The most common way this happens in Los Angeles is intoxicated driving. Whenever a driver causes an accident through illegal misconduct, they face criminal charges as well as civil claims for damages from those they have injured with their actions.

If you believe your accident was the result of any type of illegal misconduct, your Los Angeles car accident lawyer can help you understand the implications this could have for your recovery efforts. You could potentially recover compensation for your losses along with punitive damages and/or restitution to reflect the illegal nature of the defendant’s actions. However, your case may take longer to resolve.

Understanding Comparative Fault in Car Accident Claims

While many car accidents are the fault of a single driver, it is also possible for multiple drivers to share liability in an accident. This could mean that a single plaintiff may need to pursue recompense for their damages from multiple defendants, but it may also mean that a plaintiff shares fault with a defendant for causing an accident.

The state upholds a pure comparative fault rule that will apply to such a case. Under this rule, each liable party has a fault percentage assigned to indicate their respective levels of responsibility for causing the damages cited in the claim. If a plaintiff is found partially liable, their percentage of fault will dictate how much of their case award they will lose as a penalty. There is no percentage of fault that will prevent the plaintiff from claiming compensation.

If you have any concerns about bearing partial liability for your recent accident, your Los Angeles car accident lawyer can help you determine the optimal ways to minimize any fault percentage assigned to you. Comparative fault may diminish your recovery through both insurance and a personal injury suit, but the right attorney can help you retain as much compensation as possible.

Filing Your Auto Insurance Claim in Los Angeles

California law requires all drivers to have car insurance that meets minimum coverage requirements for bodily injury liability coverage and property damage liability coverage. When a driver causes an accident, their insurance policy will go toward paying for any damage they caused to others. However, insurance claims can be challenging in several ways, and it is prudent to have an experienced Los Angeles car accident lawyer help you file your claim.

An insurance company will almost always push back against a claim in whatever way they can. Most insurance companies train their representatives to look for ways to deny claims outright or justify the smallest possible settlement offers. Some will even try bad faith tactics in their efforts to take advantage of injured claimants who are desperate to secure recompense for their losses, but they are less likely to attempt these tactics if a claimant has legal representation.

Your Los Angeles car accident lawyer can help you file your claim to the at-fault driver’s insurance company, and they will ensure your claim is handled in good faith. If the at-fault driver does not have insurance, you may be able to claim through your own policy if you have uninsured motorist coverage. If not, or if the at-fault driver’s policy cannot fully cover your losses, you will need to prepare a personal injury suit to recover any remaining damages.

Building Your Personal Injury Case for a Car Crash in Los Angeles

A personal injury case is a civil claim for damages in which an injured plaintiff seeks recompense for the losses they suffered because of a defendant’s negligence or misconduct. In order to succeed with the claim, the plaintiff must prove that the defendant’s negligence or illegal act directly caused actual harm, and they must be ready to prove the full extent of their losses. They must also prove they directly resulted from the defendant’s actions and not another cause.

Car accidents can easily cause a host of serious injuries, including broken bones, traumatic brain damage, spinal cord injuries, and more. The victim could face mounting economic strain from their medical bills, vehicle repair costs, and inability to work, and they may face an uncertain future due to the severity of their injuries. This can be a desperate situation, and it will be essential for the victim to prove fault for their accident to recover recompense for their damages.

Whether you know exactly how your recent car accident happened or you have little recollection due to the injuries you suffered, proving fault so you can succeed with your personal injury case is likely to be far more challenging than you may initially expect. Your Los Angeles car accident lawyer can help you gather the evidence and witness testimony that will form the foundation of your claim and ensure you meet all necessary court filing deadlines.

Proving fault is just part of the initial challenge of your case. You must also be ready to prove the full extent of the damages you suffered and prove that the defendant directly caused them. Under the state’s personal injury statutes, it is possible for an injured plaintiff to claim compensation for economic damages, including:

• Property losses, such as vehicle repair and replacement costs. Auto insurance could potentially cover some of these damages, but any property damage that cannot be recovered through insurance may be claimed as economic damages in a personal injury suit.
• Medical expenses. Most personal injury claims pertain to physical harm. The defendant, in your case, is responsible for the cost of all the medical treatment you require to recover as fully as possible from the accident they caused. This includes the cost of any future treatment you may need to manage severe injuries from the accident.
• Lost wages. If you are unable to work in the aftermath of your accident, the defendant is liable for the wages you are unable to earn during your recovery period. This applies to lost future earning capacity as well if your injuries have left you permanently disabled, and you will not be able to return to work in the future. Your attorney can help you accurately calculate these future losses.

The average plaintiff may be able to calculate immediate economic damages resulting from their accident, such as the cost of repairing their vehicle and their hospital bills, but if they suffered long-term damages, they would need an attorney’s help to accurately value these projected losses. In addition to their financial damages, they will also have the right to claim compensation for your pain and suffering.

State law does not place a cap or limit on compensation for your pain and suffering in vehicle accident cases. This means the plaintiff has the right to seek whatever amount they believe to be reasonable to reflect the scope and severity of the harm they suffered. Generally, the more serious the plaintiff’s injuries, the more likely they are to obtain compensation for pain and suffering.

Your Los Angeles car accident lawyer can help you determine a reasonable amount of compensation for your pain and suffering to seek with your claim. If you sustained any life-changing and/or permanently disabling injuries, your compensation for your pain and suffering could form the bulk of your total case award. Duque & Price aims to help every client we represent maximize their compensation as fully as state law permits.

Punitive Damages in Car Accident Claims

If your accident was the result of another driver breaking the law, they are likely to face criminal prosecution from the state. This could translate to a larger recovery for you if the judge handling your personal injury case decides to award punitive damages. The amount paid will typically depend on the financial status of the defendant and the severity of their actions.

It is also possible to receive restitution as an element of their criminal sentencing. Ultimately, this type of case may be more challenging and time-consuming to complete, but it could result in more compensation than you may have originally expected. Your Los Angeles car accident lawyer can be an invaluable asset for navigating any such complexities in your case and ensuring you receive appropriate compensation to reflect the defendant’s illegal actions.

Statute of Limitations in Car Accident Cases

California traffic law is quite intricate and the statute of limitations for filing a lawsuit is strict. Without a thorough knowledge of the ins and outs of the process, your case could be over before you even enter a courtroom. Our experienced attorneys know the timeline required as well as how to fill out and file the extensive paperwork a lawsuit includes. A large number of car accident victims are not able to collect the damages they deserve because the paperwork was filed too late or documents were improperly filled out or missing altogether. You do not want this to happen to you!

Residents of California have two years from the date of their accident to file a personal injury claim on any injuries or losses they experienced. In order to avoid potentially delaying your claim or receiving an automatic denial, you should begin the legal process as soon as you become aware of your injuries.

Resolving Your Personal Injury Claim in Los Angeles

Many of the personal injury cases filed in Los Angeles each year are resolved privately through settlement negotiations. When possible, settlement allows the parties involved in the case to negotiate terms to resolve the claim more quickly than litigation would permit. However, for settlement to be a viable option, the defendant must accept liability, and both parties must be willing to compromise on mutually acceptable terms.

During settlement negotiations, the plaintiff and the defendant meet privately, along with their respective legal representatives, to negotiate the claim. If a settlement is successful, they can resolve the case in a fraction of the time that litigation would require. However, if the defendant denies liability or if a settlement does not produce a result, the case will need to be resolved through litigation, and this will take much longer.

What You Should Expect From Your Los Angeles Car Accident Lawyer

The right attorney on your side can be a tremendous asset in several ways when it comes to resolving a motor vehicle accident claim in Los Angeles. You can rely on your attorney to help you gather the evidence and witness testimony you must have to prove fault, and they can meet court filing deadlines and other procedural requirements for you as you recover from your injuries.

When it comes to dealing with insurance companies, you are more likely to receive an acceptable settlement offer swiftly if you have an attorney representing you. They can ensure that your claim is handled in good faith, and after receiving your settlement offer, they will determine whether further legal recourse will be necessary to ensure the fullest possible recovery.

Duque & Price approaches every personal injury case with the goal of helping our clients recover as much as possible while streamlining their proceedings in whatever way we can. We have many years’ experience handling a wide range of complex cases and we can leverage this experience on behalf of our clients. We know how to confront insurance carriers and how to build cohesive and effective personal injury cases.

You are likely to have many pressing legal questions in the aftermath of your recent accident, and you have a limited time in which to pursue your recovery. Connecting with an experienced attorney as quickly as possible is the most effective way to ensure a positive outcome to your claim, and the sooner you find the right Los Angeles car accident lawyer, the more likely you are to achieve a positive outcome to the recovery efforts you intend to pursue.

What Kinds of Factors Can Delay Your Case?

Despite this seemingly generous amount of time, many potential cases are lost on account of missing the deadline to file for several reasons. First, many victims wait until they are most of the way through their recovery from their injuries before they start looking into legal claims. However, motorcycle accidents lead to injuries that can take several months to heal. Waiting can delay your case significantly, putting your case at risk for missing the deadline to file.

Second, the at-fault party’s insurance company may attempt to further delay your case in order to push it close to or beyond the statute of limitations. During negotiations, agents may be slow to respond, spending up to 30 days at a time between answers. Ultimately, it is in your interest to begin your claim as soon as possible, starting the legal process by speaking with an experienced car accident attorney from the very start.

How Do I Prove the Other Driver Was at Fault in My Car Accident?

When it comes to legal liability in a car accident, you and your attorney can prove that one or more of the other parties were at fault due to negligence. One party’s failure to demonstrate reasonable care towards another through any action or inaction can constitute negligence. The law holds any and all negligent parties accountable.

In order to establish negligence, you must be able to prove each of the following:

• Duty of care. You must demonstrate that the at-fault party owed you a duty of care. This is relatively straightforward to do when the negligent party is another motorist, as all drivers owe others on the road a legal duty of care to observe all traffic laws and maintain reasonable awareness on the road. It is more challenging if the at-fault party is another entity.
• Breach of duty of care. You must also demonstrate that the at-fault party in some way breached their duty of care by some means, such as by violating a traffic law or by failing to exercise reasonable caution in a given situation. If another individual or entity in the same situation would have been able to avoid the accident by making a different choice, then negligence is likely.
• Damages. You must demonstrate that you suffered actual loss or harm in your accident, including property damage, injuries, or other loss. The specifics and extent of your injuries can be proven through medical records, examinations, and testimony by medical professionals. Once you are able to prove fault through negligence, what you are able to demonstrate here will directly impact your final compensation amount.
• Causation. You must demonstrate that there is a direct connection between the injuries and harm that you suffered and the breach of duty of care by the negligent party. Your attorney can utilize evidence in your case, eyewitness accounts, and expert testimony to establish that the action or inaction on the part of the other party directly caused the harm you incurred.

Statutory Negligence

California’s standard of statutory negligence means that negligence will be automatically presumed in some cases. If any individual or entity is found to have violated a law without justifiable cause, they will be under a legal presumption of negligence and will be liable for any accident-related injury or loss that ensues as a result.

For example, if the other motorist committed a traffic violation, such as speeding or driving under the influence, the burden of proof will then be on them to prove they were not negligent rather than on you and your attorney to demonstrate that they were. If they cannot defend their negligence, they will be held liable for the accident.

Shared Fault Laws in California

California traffic law includes a clause for Shared Fault claims, also known as comparative negligence, that could limit or reduce the amount of compensation you are able to collect. Under shared fault and comparative negligence, courts can rule that you are partially to blame for the accident if the defendant in your case argues that both parties are at fault. A lawyer can explain this clause and the possible significance to your specific case.

In many cases, no single party bears 100% of the fault or blame for an accident. Rather, fault may lie in several parties, including those we would still consider victims. This can be the case even if one party committed a violation that led to the accident.

Example of Shared Fault Claim:

In this scenario, we’ll assume that the defendant that hit your car ran a stop sign. Let’s also assume that you were driving 10 miles over the posted speed limit. The attorney for the other party can argue that you take on a percentage of the blame since you were also breaking the law.

If the court finds you to be 10% at fault for the accident, your lawsuit for recovering compensation that resulted in a gross settlement amount of $30,000 in damages to cover the loss and harm to your car and person may be reduced to a net settlement amount of $27,000 once your portion of the fault is subtracted.

The defense, however, will likely try everything they can to reduce their liability in your case by attempting to establish some portion of fault with you. In your accident case, you should be prepared to defend against any counterclaims made against you.

Since any amount of fault will reduce your net settlement, no matter how great or small, it is essential that you work closely with an experienced attorney who can not only prove the other party’s negligence but also defend against baseless claims of shared fault. By doing so, your attorney can protect your maximum compensation award.

Can Shared Fault Help My Case?

There are some situations in which comparative negligence will actually be in your favor. California’s pure shared fault standard entitles any party to seek compensation, no matter what portion of fault they share in the accident. Drivers who are found to be 99% at fault, in fact, could still legally claim 1% of the gross settlement amount in their case.

If the roles were reversed in our above example, and you were the driver who failed to stop at the stop sign, you could still recover $3,000 in your settlement against the driver who was driving ten miles over the speed limit. In this example, the court has found you 90% at fault for the accident, leaving you 10% of the gross award of $30,000 to recover.

Whether you believe you share fault for your accident or not, it is in your greatest interest to discuss your case with a qualified Los Angeles car accident attorney. They can answer questions about pursuing a claim against the other driver or third parties like rideshare drivers, and they are ready to help you secure the maximum recoverable benefits allowed in your case. Reach out to Duque & Price today to find out how much your case is worth during a free consultation.

Financial Limits for California Lawsuits

There are often exceptions to the rules that you may qualify for but not even know about. An attorney can find these exceptions to ensure that you receive the maximum compensation you are entitled to.

For instance, California law places limits on financial gains for certain types of damage. An uninsured driver may not be eligible to collect the full compensation that an insured driver may be entitled to. Damages such as pain and suffering may not be awarded to an uninsured driver under California law.

What Kind of Compensation Can I Recover for My Case?

Once you’ve sufficiently demonstrated negligence, you can pursue a claim against the at-fault party to recover damages. This includes some combination of the following categories:

• Medical bills. Your claim can recover the expenses associated with treating the injuries you sustained in the accident, such as hospital and doctor visits, medical procedures and treatment, medication and prescriptions, and follow-up care.
• Property loss. Car accidents generally involve significant property damage to the vehicles involved. Your claim can recover the repair and replacement costs experienced as a result of the accident. The claim can also cover towing and car rental costs.
• Lost income. Your claim can seek to recover a portion of any lost wages as the result of missed work from the time spent recovering from your injuries. Some car accident injuries can take several months or more to heal, leaving victims out of work for significant amounts of time.
• Pain and suffering. Your claim can also recover damages for non-economic losses, known as pain and suffering. This tends to include compensation for physical discomfort, emotional distress, mental anguish, and any loss in the victim’s general quality of life.

Liable parties have a duty to restore victims back to “wholeness” following an accident as much as possible. Your attorney will have the experience required to understand how to quantify this amount and ensure that you are able to secure a fair and just compensation for your car accident case.

FAQs

Q: What Is My Car Accident Claim Worth in Los Angeles?

A: The value of your car accident claim in Los Angeles depends on the scope and severity of the damages you suffered. You have the right to seek full compensation for any economic losses you suffered in the accident, as well as compensation for your pain and suffering. An experienced Los Angeles personal injury lawyer is the ideal resource to consult to accurately determine the full potential value of your claim.

Q: How Long Do I Have to Recover From a Car Accident in Los Angeles?

A: The time you have to recover from a car accident in Los Angeles is limited in several ways. You need evidence to prove fault, and the evidence you need will be most reliable when gathered as quickly as possible after the accident. You also have a time limit for filing an auto insurance claim, and if you need to file a personal injury suit against an at-fault driver, you will need to do so within the statute of limitations, or you will lose your chance to file your claim.

Q: What if the At-Fault Driver Does Not Have Auto Insurance?

A: If the at-fault driver does not have auto insurance, they are personally responsible for any damage they cause. You may be able to claim compensation from your own insurance policy if you have purchased uninsured motorist coverage; otherwise, you will need to prepare a personal injury suit against the at-fault driver in order to collect recompense for the damages. Your attorney can advise you of the optimal steps to take in this situation.

Q: Why Do I Need a Los Angeles Car Accident Lawyer?

A: You need a Los Angeles car accident lawyer because your case could be more challenging than it appears at first, and you may encounter legal obstacles that you will not be able to overcome on your own. Hiring an experienced attorney significantly improves your chances of not only succeeding with your recovery efforts but also maximizing the results you obtain and doing so in the shortest possible timeframe.

Q: What Will It Cost to Hire a Los Angeles Car Accident Lawyer?

A: Hiring costs for a Los Angeles car accident lawyer will only be a percentage of your case award if you choose Duque & Price to represent you. We take all personal injury cases on a contingency fee basis, meaning our client pays our firm a portion of the compensation we recover on their behalf. We only take this fee after we win the case, and there are no upfront fees for our legal representation.

Contact Your Los Angeles Car Accident Attorney

Duque & Price has helped many car accident victims in Los Angeles and surrounding areas recover from their experiences, and we are ready to help you with your car accident claim. You have a limited time to pursue your recovery, so it’s vital that you find an attorney as quickly as possible.Contact the Los Angeles law office of Duque & Price at 877-590-0080 for a free consultation and case evaluation. You can even use our online contact form, and we’ll reply to you quickly.