Car Accident Lawyer Baldwin Park

Immediately following an auto accident, you may feel very disoriented, scared, and not sure what to do. Following the proper steps after a car accident can help protect your rights and your claim. If you’ve been in a car accident, follow the steps listed below to ensure your safety, both legally and physically.

Stay at the Scene

Never leave the scene of the accident. Even if there wasn’t any serious damage done to either vehicle and both you and the other driver feel fine, it’s important to wait for emergency responders and the police to arrive.

Contact 911

If you, a passenger, or the other driver has been injured, call 911 and wait for help to arrive. If you’re able to get out of your vehicle, use road flares and make sure you turn on your flashers.

Once the police arrive, you will need to make a police report. This report will be used as evidence in your claim. Provide the police with an accurate account of the events that led up to the accident.

Gather Evidence

Use the camera on your phone to take photos of the scene of the accident. Take photos of the traffic lights and traffic signs, skid marks, debris in the road, damage to both vehicles, and any injuries you sustained.

Obtain Contact Information

If anyone witnessed the accident, obtain their contact information. You should also obtain the other driver’s license number, license plate number, insurance information, phone number, and address.

Document

Write down the details of the accident as soon as possible so you have an accurate record of what occurred. Make sure you note the road and weather conditions, anything the other driver may have said, how the other driver was acting, and any other details you can recall.

Contact Your Insurance Company

Report the auto accident to your insurance company as soon as possible.

Seek Medical Attention

Head to the emergency room immediately following the accident. Even if you don’t have any obvious injuries, it’s important to seek treatment right away. In some cases, injuries may not be apparent for 24-72 hours after the accident. Seeking medical treatment immediately can prevent the insurance company from claiming you sustained your injuries after the accident.

Make sure you follow the ER doctor’s treatment instructions and follow up with your regular doctor as soon as possible. Your medical records and medical bills will be used as evidence in your claim.

Do Not Speak with the Other Driver’s Insurance Company

An insurance adjuster will be eager to contact you, to learn the details of the accident. They may ask if they can record your conversation as they ask you questions regarding the accident. Insurance adjusters do this hoping to catch you in a lie or they will try to trick you into admitting fault. Additionally, many insurance companies are quick to offer accident victims a settlement. These settlement offers are often very low and not nearly enough to cover the cost of medical expenses, lost wages, and property damage. An insurance adjuster will offer the settlement at a time when the accident victim is out of work and in desperate need of cash. Insurance companies will often try to take advantage of accident victims, which is why you need a lawyer by your side to protect your claim.

Contact a Car Accident Lawyer

Speak with a lawyer as soon as possible. A lawyer can advise you on how to proceed with your claim and can help protect your rights. Meeting with an attorney is the first step toward ensuring you receive the compensation you deserve. A lawyer will take over all communication with an insurance company to protect your claim and prevent you from saying anything that can negatively impact your chances of receiving a large settlement.

After a serious car accident, the last thing you should be worried about is how you’re going to be able to make ends meet as you try to manage a claim against the insurance company and the at-fault driver. The team at Lem Garcia Law is prepared to represent your claim. We’re familiar with the strategies that an insurance adjuster will try to use to avoid paying you, and we’ll work tirelessly to hold them accountable for giving you the compensation you and your family deserve.

Proving Liability

Receiving a settlement from a car accident claim is based on proving liability. California is an at-fault state. This means that a driver who contributes to or causes an accident that results in injuries will be held responsible for damages. For an attorney to negotiate successfully with an insurance adjuster or litigate a case, they must prove that the other driver was the negligent party.

To establish negligence, the attorney must prove:

•     The other driver had a duty of care to safely operate their vehicle
•     The other driver breached their duty of care by driving irresponsibly
•     This breach of duty led to the accident that injured the victim

If you’ve been injured in an auto accident, it may seem obvious to you that the other driver was at fault.

In some cases, fault will be clear because of obvious law violations, including:

•     Not following traffic laws
•     Driving while under the influence
•     Not yielding the right of way

In other cases, it will be more difficult to prove negligence and it will be up to the accident victim to prove the other driver was responsible. When you have a lawyer by your side, your case will be much stronger. An attorney will compile evidence to prove your claim.

Common types of evidence can include:

•     Video footage
•     Photos of the scene of the accident
•     Witness testimony
•     Statements from every driver involved
•     Proof a car was lacking required safety features
•     Traffic citations
•     Police report

In many cases, a police report can be the most important piece of evidence since it can include evidence of liability, such as the responding officer’s educated opinion and any traffic citations that were issued to the other driver.

Non-Economic and Economic Damages

The insurance provider of the at-fault driver is responsible for paying compensation in a settlement. This compensation will reimburse the accident victim for damages. There are two types of damages:

Economic

General damages, also referred to as economic damages, can be calculated based on the losses the injured victim suffered.

Medical Expenses

This can include the cost of past, current, and future medical expenses, such as the cost of ambulance transport, surgery, rehabilitation, medication, physical therapy, and any modifications made to the home. An experienced lawyer will rely on the guidance of professionals in the medical field. A lawyer can consult with healthcare professionals to determine a dollar amount for these damages.

Lost Wages

Serious injuries can prevent an accident victim from returning to work, which can lead to loss of income. In cases where the accident victim cannot return to work at all, or at full capacity, they will be entitled to damages from the money they are unable to earn.

Non-Economic Damages

These damages can be challenging to calculate since they don’t have a certain dollar amount. Available options include:

•     Pain and suffering
•     Loss of consortium
•     Loss of future earning capacity
•     Loss of enjoyment of life

Pain and suffering are the most common type of non-economic damages sought in a car accident case. Injuries can cause mental distress for accident victims, including stress and anxiety. Victims are entitled to compensation for pain and suffering based on their prognosis for future anguish, how severe their pain is, and the types of injuries they sustained.

If you get injured in an auto accident, contact a car accident lawyer as soon as possible. At Lem Garcia Law, you’re in good hands. We will pursue every angle aggressively, to ensure you receive the compensation that you deserve for damages. Our firm knows firsthand that accident victims can receive a higher settlement with a lawyer by their side. To learn more about our team and how we can help, contact Lem Garcia Law today to schedule a consultation.

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