Los Angeles is one the most congested cities in the United States, and with more cars on the roads, drivers must pay close attention and look out for the safety of others. Failing to do this can cause an accident and serious harm to those involved. If you have suffered injuries in a Los Angeles car accident due to someone else’s negligence, you have the right to file a claim and pursue financial compensation. However, navigating the legal process alone can be daunting. With the help of the reputable team of personal injury attorneys at Callahan & Blaine, you can have the guidance you need to achieve a successful outcome.
With an accomplished team of 29 lawyers, all of whom have at least eight years of experience, you can trust us to handle every aspect of your claim while you focus on recovery. In our 40 years as a firm, we have obtained remarkable results, including the largest bad faith insurance judgment in Orange County history worth $58 million. Our passionate team of car accident lawyers in Los Angeles takes an aggressive, comprehensive approach to every car accident, developing a unique and innovative strategy tailored to your needs and situation. This gives you the best chance of securing a fair settlement while having a stress-free legal experience.
What to Do Following a Car Accident in Los Angeles
Being in a car accident is disorienting and stressful. However, the actions you take immediately after an accident are crucial for ensuring your safety, protecting your legal rights, and preparing for any claims you may need to file. The following is a detailed guide on what to do following a car accident in Los Angeles:
1. Ensure Your Safety
If it is a minor accident and your car is obstructing traffic, move it to the side of the road. If moving your car is not safe or possible, turn on your hazards to warn other motorists. Assess yourself and others for injuries. Do not move anyone who is unconscious or has neck or back pain, as this may cause further harm.
2. Call for Help
Reporting the accident is legally required in California if there are injuries, deaths, or significant property damage. The responders will file a police report, and medical staff will attend to the injuries. Even if injuries appear minor, you must get a medical evaluation, as some injuries may not be visibly apparent.
3. Document the Accident
Document the accident scene, including all vehicles involved, traffic signs, and road conditions. This visual evidence is essential for strengthening your claim. Obtain the name, address, driver’s license number, insurance information, and vehicle details (make, model, and license plate) from all drivers involved. Also, gather contact information from witnesses. Record the time, date, and weather conditions, as well as your account of the accident, while it is fresh in your mind.
4. Notify Your Insurance Company
Call the insurance company as soon as possible to report the accident. Be transparent about the details, but avoid admitting fault or giving more information than necessary.
5. Consult With a Car Accident Lawyer
Consider consulting the car accident lawyers of Callahan & Blaine, who can guide you through the complex legal process of accident claims in California. We help protect your rights and fight to obtain fair compensation, especially if the accident involves significant damages or injuries.
6. Follow Up
Organize documentation related to the collision, including medical records, receipts, and any correspondence with your insurance company. Follow up with your healthcare provider if you experience new symptoms or if your condition worsens.
How to Prove Liability in a California Car Accident Claim
After suffering injuries in a car accident through no fault of your own, you must seek compensation through the liable party’s insurance company. Therefore, it is crucial to build a strong claim that proves the following points, known as the burden of proof:
- Duty of care: The at-fault party owed you a duty to care for your safety.
- Negligence: They breached this duty by acting negligently.
- Causation: This negligence directly caused the accident and your injuries.
- Damages: Your injuries resulted in damages.
Whether a driver, pedestrian, or government agency caused your accident and injuries, we are prepared to conduct a detailed investigation and gather evidence to demonstrate negligence and the damages you suffered. Information in medical records, police reports, witness testimony, and traffic and security camera footage allows us to build a strong claim and secure just compensation.
Because medical records are crucial for proving liability, seeking medical attention after a car accident is essential. Even if you feel fine, a medical professional can identify any underlying issues that need treatment. This helps you start on the road to recovery and creates a record of your injuries that can be included in your claim.
8 Tips for Dealing With Insurance Entities
Insurance adjusters have the job of minimizing payouts, which may not always align with your interests as a claimant. Remember, you do not have to face this process alone; professional counsel from the lawyers of Callahan & Blaine can be a valuable asset in dealing with complex claims and negotiations.
The following are practical tips to help you deal effectively with insurance companies and improve your chances of recovering a fair settlement:
1. Understand Your Insurance Policy
Before engaging with an insurance company, understand the specifics of your policy. Know your coverage limits, deductibles, and exclusions. Familiarity with your policy helps you understand what you are entitled to and can defend your rights more effectively.
2. Report the Accident Promptly
Contact your insurance company as soon as possible after the accident. Most policies require prompt reporting and full cooperation. Delaying can complicate the claims process or give the insurer a reason to deny your claim.
3. Document Everything
Document all communications with your insurance company. Keep a log of who you spoke with, what was discussed, and any decisions or promises made. Store emails, letters, and notes from phone conversations, as these can be essential in disputed claims.
4. Be Cautious in Your Communications
When reporting the accident, stick to the facts and avoid admitting fault or giving more information than necessary. Insurance adjusters may use your statements against you to reduce the value of your claim.
5. Do Not Accept the First Offer
It is common for insurance adjusters to offer a quick, low settlement. Be prepared to negotiate. Rejecting the first offer does not end the negotiations; it can lead to higher offers that more accurately reflect the damages and losses you have incurred.
6. Get Everything in Writing
Do not accept verbal promises. Ensure any agreements, approvals, or claims adjustments are provided in writing. Having formal documentation can prevent misunderstandings and provide legal leverage if the insurance company does not fulfill its promises.
7. Gather Comprehensive Evidence
Collect detailed evidence to support your claim, including medical reports, repair estimates, and proof of income loss. The more evidence you can provide to substantiate your claim, the harder it is for an insurance company to justify a low settlement.
8. Consult a Professional
If you are dealing with significant injuries or complex issues regarding fault, consulting with an attorney at Callahan & Blaine is beneficial. Our legal team can manage negotiations and will fight for your rights, often securing settlements far above what one might get without legal assistance.
9 Types of Evidence Required to Prove Liability in a Car Accident Claim
After a car crash, establishing who is at fault is necessary for any insurance claim or lawsuit. Proving liability requires a well-documented collection of evidence demonstrating the other party’s responsibility for the accident. The following are essential types of evidence needed to establish liability effectively in a car accident claim:
1. Police Report
A police report is often considered pivotal evidence in car accident claims. It contains an unbiased third-party account of the accident, including details about the incident, diagrams of the scene, and the officer’s observations. It may also include a preliminary assessment of who was at fault based on the officer’s investigation.
2. Photographic and Video Evidence
Photos and videos from the scene are compelling evidence. They should include images of vehicle positions post-accident, road conditions, traffic signs, and any skid marks. Dashcam footage, if available, can be particularly persuasive as it provides real-time evidence of the accident dynamics.
3. Witness Testimonies
Statements from those who saw the accident may support your version of the events. Witnesses can provide details that the drivers involved might have missed or clarify points of contention about how the accident occurred.
4. Physical Evidence
Debris, vehicle damage, and skid marks offer insights into the severity and mechanics of the incident. This type of evidence helps to reconstruct the crash and establish factors like speed and impact direction.
5. Medical Records
Medical documents that detail the injuries sustained from the accident are important, as they not only help establish the severity of the impact but also connect the injuries directly to the accident.
6. Expert Testimony
Accident reconstruction experts can provide testimony based on the evidence gathered. Their expertise can help explain the mechanics of the incident to a jury or insurance adjuster, which can be critical in complex cases where the fault is difficult to determine.
7. Traffic Camera Footage
Footage from traffic cameras or surveillance cameras in the vicinity can provide an unbiased view of the accident. This type of evidence is particularly valuable as it captures the accident as it happened, which can decisively prove liability.
8. Vehicle Data
Modern vehicles often come equipped with data recorders that capture information about the vehicle’s speed, brake application, and steering moments before a collision. This data can be used to establish a timeline leading up to the incident.
9. Driver Statements
Statements made by the drivers at the scene can be used as evidence. For example, an apology or an admission of distraction can be significant in proving liability.
Potentially Recoverable Damages After a Los Angeles Car Accident
The evidence we use to prove fault can also help us calculate your claim’s worth. We understand the impact of car accident injuries often goes beyond physical, so we consider every detail and fight tirelessly for maximum compensation. Based on the severity of your injuries and your unique situation, you may recover the following damages:
- Past, present, and future medical expenses
- Property damages
- Lost wages from missed work
- Ambulance ride
- Rehabilitation and physical therapy
- Prescribed medications
- Pain and suffering
- Reduced quality of life
- Emotional distress
Even if you are partially responsible for a car accident, you may still recover damages thanks to California’s comparative negligence system. Each party involved in the accident receives a percentage of fault, which gets removed from their respective compensation. For instance, if you are 20% at fault, and your claim is worth $500,000, you would recover $400,000.
While this system benefits those who share blame for a car accident, insurance adjusters may attempt to assign you an unfair portion of blame. We aggressively advocate for fair treatment and the settlement you deserve.
Uninsured and Underinsured Car Accident Claims
In California, dealing with uninsured and underinsured motorist claims can be particularly challenging. Despite laws requiring all motorists to hold auto insurance, many incidents involve drivers who lack adequate coverage. The following is a guide on how to navigate uninsured (UM) and underinsured motorist (UIM) claims in California:
1. Understanding UM and UIM Coverage
Uninsured motorist coverage helps you recover financially if you are in a collision with an at-fault driver who does not have insurance. Underinsured motorist coverage steps in when the opposing driver’s coverage limits are too low to cover the damages caused by the accident. These coverages are part of your auto insurance policy and are highly recommended in California.
2. Filing a UM or UIM Claim
To file a UM or UIM claim, you must notify your insurance company as soon as you realize the other driver is uninsured or underinsured. It is important to provide all relevant accident details and any evidence that supports your claim, such as a police report and medical documentation.
3. Proving Fault and Damages
Similar to other claims, you must prove the other driver was at fault and document your damages. This includes obtaining evidence from the collision scene, medical records, repair bills, and any lost wages. The more comprehensive your evidence, the stronger your claim.
4. Policy Limits and Settlements
Your UM/UIM coverage is limited by what your policy states. For instance, if you have $100,000 in UIM coverage, that is the maximum you can receive from your policy, regardless of your total damages. It is important to understand these limits as they directly affect your compensation.
5. Negotiating With Your Insurer
If you are filing a UM or UIM claim, you may need to negotiate with your own insurance company. While they should advocate for you, remember that their goal is to limit payouts. A Callahan & Blaine lawyer will negotiate on your behalf to ensure you receive fair compensation.
Why Hire Callahan & Blaine for Your Los Angeles Car Accident Claim?
When looking for a car accident lawyer to help with your Los Angeles car accident claim, finding representation you can trust to protect your best interest and give you peace of mind is essential. At Callahan & Blaine, we do just that by offering comprehensive services and taking a thorough approach to your claim. Our seasoned car accident attorneys understands the high stakes of your case and provides the following benefits to our clients:
TRIAL EXPERIENCE
One of the ways we set ourselves apart from other firms is our extensive trial experience. We understand not every claim can be settled out of court, so we are unafraid to present your case in trial and provide unwavering advocacy every step of the way.
EXCEPTIONAL RESULTS
We have a proven track record that clearly demonstrates our commitment to excellence and ability to handle complex, high-value claims. For example, we achieved a stunning 12-0 defense jury verdict after a two-month trial in a major employment case brought against one of Orange County’s largest corporations.
UNMATCHED INSURANCE KNOWLEDGE
Our Managing Partner, Edward Susolik, has handled over 1,500 mediations in the last 33 years, making him one of the nation’s leading insurance experts. With this knowledge, we implement nuanced, effective strategies to secure fair compensation for our clients.
Schedule an Initial Consultation With the Trusted Los Angeles Car Accident Attorneys at Callahan & Blaine
Your path to recovery and justice after a car accident in San Diego starts with the right legal representation. At Callahan & Blaine, we are dedicated to providing personalized strategies that cater to your situation. Our experienced team of car accident lawyers is skilled at negotiating with challenging parties, ensuring your case is handled with professionalism and care.
Allow us to manage the complexities of your legal claim, giving you the freedom to concentrate on your recovery. Contact us at 714-241-4444 or complete our contact form to schedule your initial consultation and work with our robust team to seek justice.
Car Accident Claim FAQs
- How long do I have to file a car accident claim in California?
The statute of limitations is commonly two years from the date of the accident. If the claim involves property damage only, you have three years. It is important to act quickly, as waiting too long may result in losing your right to compensation. - What should I do after a car accident?
After an accident, prioritize safety by moving out of traffic, if possible, and seeking medical attention. Take pictures and video footage, gather contact details from witnesses, and obtain insurance details with the opposing driver. Always report the accident to the police and your insurance company as soon as possible. - Can I still recover damages if I am partially at fault?
Yes. California follows a “pure comparative negligence” rule, which means that even if you were partially responsible for the accident, you could still recover damages. However, damages will be reduced by the percentage of fault assigned to you. - What damages can I recover after a car accident?
Victims of car accidents in California may recover present and future economic and non-economic damages, including medical bills, property damage, and emotional suffering. - What is the timeline for a car accident lawsuit?
The timeline for a car accident lawsuit varies depending on the complexity of the case, but here is a general breakdown:
- Initial Consultation and Filing the Claim: After meeting with an attorney, they will begin the process by filing your claim. This can take a few weeks, depending on how quickly you gather the necessary information.
- Investigation and Discovery: The discovery phase, where both parties gather evidence, can take several months to over a year.
- Negotiations: Generally, car accident claims are settled outside of court, which may occur within a few months after discovery. Settlement discussions can lead to a resolution or a trial date if a settlement is not reached.
- Trial (if necessary): If your case goes to trial, it may take over a year from the filing date, depending on court schedules and other factors.
While some cases are resolved in a few months, others can take years, especially if they go to trial. Your Callahan & Blaine attorney will keep you informed throughout the process.