What to Do When an At-Fault Driver Dies in the Crash

26 August
2022

According to the National Highway Traffic Safety Administration (NHTSA), California saw a 10% increase in traffic deaths last year, with approximately 4,300 fatalities. Sadly, the spike in traffic-related deaths was not new, as it was the second consecutive year of increased motor vehicle crash fatalities. The nation also experienced a 16-year high in traffic deaths in 2021. Today, the world has more car accidents and related fatalities than ever.

Outlined below, are crucial steps to heed after an accident, followed by how to navigate an accident involving a fatally injured at-fault party.

  • When you are in a safe location adjacent to the accident, you should always call the police as it ensures proper procedures and cooperation of all parties involved and official and adequate documentation through a police report. In addition, the accident or injured parties may require emergency medical technician (EMT) services.
  • Check yourself for any immediately apparent wounds and the well-being of passengers in your vehicle.
  • If you can, taking photos of the vehicles involved will be helpful later in the process, and identifying and speaking with potential witnesses. Taking notes of your recollection of the events leading up to and causing the accident is also beneficial.
  • Always follow up with a medical provider, even if you feel fine, and get checked out at the emergency room, an urgent care clinic, or your primary care doctor for injuries that may not be immediately visible to you.

These steps should always be followed but are easier under typical circumstances. However, in some accidents, injuries sustained, and fatal events can prevent some of the above steps from taking place.

What happens if you get into a wreck, are injured, and incur damages, but the at-fault driver passes away in the accident?

Can you still seek compensation if the at-fault driver died in the accident?

Yes. In short, if the at-fault driver dies in a car accident, their insurance company is still obligated to pay damages to the other driver. Due to California’s at-fault status, the responsible party’s insurance company is accountable for paying damages. In the event the driver who caused the crash passed away as a result of the accident, their insurance policy would still be the source of compensation for any injuries or property damage you may have sustained but bear in mind the insurance policy likely has a limit.

What happens if the compensation offered doesn’t cover medical expenses, future expenditures related to the injury, and other associated costs and damages? The negligent driver’s estate might be able to provide compensation if the at-fault individual had inadequate or no insurance. Although seeking compensation in this way can be more complex and may require filing a lawsuit, you still have the right to pursue it. Under such circumstances, it is wise to seek the knowledgeable legal guidance of a San Francisco Bay Area attorney.

Concern for the Loved Ones of the Deceased

In addition to such instances being more challenging, they can also be emotionally burdensome. You may feel concerned for the at-fault driver’s family, what they are going through, and what the claim or suit process and receiving rightful compensation may mean for them. Yes, the individual likely has a family who is now mourning the loss of their loved one. However, medical debt and related expenses can add up quickly after an accident, so it is best not to postpone filing a claim and reaching out to a lawyer. Keep in mind that your primary point of contact, in most cases, will be with the at-fault driver’s insurance company. An experienced California Bay Area attorney can guide you through this process, provide support at each juncture, and ensure that you receive the total compensation to which you are entitled. We invited you to contact our offices to schedule a free consultation with our skilled Bay Area car accident attorney.

The Eight Most Common Mistakes Injured Car Accident Victims Make When Talking to Their Doctor

26 August
2022

Over the past several years, traffic fatalities have risen in the US, reaching a grim 16-year high in 2021. In the aftermath of a collision, emotions usually run high, heightened by additional responsibilities like filing an insurance claim, providing a clear and concise statement for the police report, documenting damage, and seeing a physician if you have any injuries. Signs of trauma to the body may not be initially apparent in some instances, and in others, the injuries are obvious. Either way, getting proper medical attention is crucial. However, errors and oversights individuals commonly make when meeting with physicians after a traffic accident can be detrimental to insurance claims and personal injury suits. Below, we examine car accident victims’ most common mistakes when consulting a physician.

1. Initially Turning Away Medical Attention

People often think they can simply “tough it out” after a car accident, but this can exacerbate underlying injuries. Regardless of initial feelings, it’s always wise to seek medical care after the crash. With many injuries, including whiplash, symptoms may not manifest for days or even weeks after being hit. Symptoms for many injuries are often masked by hormone release following traumatic scenes. Hormones like adrenalin and cortisol regulate the body’s stress and pain management after a motor vehicle accident. When released as coping mechanisms, hormones can provide the perception of momentary relief while covering a range of injuries from mild to severe. Delaying initial consultation and diagnosis can hinder recovery and can limit treatment options. Thus, it is best to have a qualified medical professional examine you for any damage inflicted by the accident’s impact.

2. Missing, Skipping, or Avoiding Follow-up Appointments

Once you have seen a doctor for your injuries, it is essential to follow up as recommended. Some instances may include attending physical therapy, seeing a specialist, or scheduling additional appointments to monitor the progress or regression of an injury. Failure to do so could result in your injuries getting worse or taking longer to heal. When pursuing a personal injury claim due to an accident, it is critical to follow the guidance of the attending physician.

3. Not Getting a Second Opinion

Seek a separate opinion from another medical provider if you are unsure about your current doctor’s diagnosis or treatment plan. If you have doubts regarding your physician’s assessment and conclusion, it is in no way an insult to the doctor to seek a second opinion. After all, your health and well-being come first.

4. Keeping the Doctor in the Dark

It would be best to advise your doctor about areas of concern, pain levels, bruising, other injuries you may have noticed, or changes in your physical ability and range of motion. In addition, providing the physician with a description of how the accident occurred can be incredibly helpful in discovering injuries and underlying concerns early enough to treat them correctly. By explaining how the collision happened, a doctor may determine which side of the body received the brunt of the collision’s impact and if you are at risk for a concussion or other trauma to the brain, head, or spine. For example, left unchecked, a moderate injury to the back can turn into years of chronic pain and trigger other conditions. By being honest and providing your physician with these vital details, you increase the likelihood of receiving a proper diagnosis and management of care.

5. Consulting Your Physician About Legal Matters

Your doctor’s primary focus is on improving the accident-induced injuries, restoring your overall health, and encouraging your recovery progress rather than addressing legal concerns. Your claim or lawsuit could be adversely affected by divulging sensitive case information. Physicians will frequently refer patients with litigious matters to another physician or remove themselves from the patient’s treatment plan, to avoid legal implications. Distancing may occur once a personal injury suit or litigation comes to light. Many physicians have a full caseload and prefer to avoid the added responsibilities, paperwork, and involvement attributed to legal matters such as court cases and lawsuits. Promptly mentioning a lawsuit can make a physician apprehensive about taking you on as a patient.

6. Unorganized Medical and Expenses Records

Following an accident, you will likely receive a slew of paperwork, including medical records. It is a disservice to yourself, your recovery, and a personal injury claim to lose track of related documents. It is best to keep all paperwork organized in files and make hard copies. You may also request copies of x-rays and other medical diagnostic results. All bills and receipts, for example, urgent care statements, therapy costs, prescription charges, and medical equipment receipts, document the expenses related to the injury. Debt can quickly accumulate after an accident, and a primary goal of insurance claims and personal injury suits is obtaining appropriate compensation for all expenses associated with your injury, pain and suffering, and other damages. All of the above elements are crucial to your attorney’s power to negotiate and fight effectively for rightfully owed compensation on your behalf.

7. Lack of Effective Communication of Injuries’ Impact

Ineffectively conveying an injury’s impact on your work, life, and daily task performance to your doctor can paint a false picture of your physical condition and the weight of the injury. Often, patients complain about their injuries until they reach the doctor’s office. Still, pain and other symptoms are downplayed once in the exam room to avoid burdening the “busy doctor” or medical staff. Remember, doctors, nurses, and medical assistants are there to help and work for you.

8. Precluding Treatment Early and Ignoring Mental Health Treatment

Terminating treatment regimens before being medically recommended can be dangerous. In addition, ignoring trauma symptoms such as anxiety, depression, and PTSD can be harmful and costly in the short and long term. Most injured victims develop anxiety disorder or depression or suffer from Post-Traumatic Stress Syndrome (PTSD) due to the crash. Consult your physician regarding such symptoms. Lastly, confer with your doctor before discontinuing a prescribed or recommended treatment.

The above are only some of the most common mistakes traffic accident victims make when addressing their physician. An experienced Bay Area car accident attorney can offer knowledgeable guidance on critical aspects of a personal injury case. If you were injured in a car accident or suffered a personal injury in California, we invite you to schedule a free consultation with one of our skilled attorneys.

Calculating Lost Earning Capacity in a California Car Accident

30 July
2022

After sustaining an injury in a California motor vehicle accident, whether caused by someone else’s negligence, carelessness, or other wrongful acts, you are entitled to compensation. An accident victim who is left unable to work temporarily or, in extreme cases, permanently, due to an accident-related injury, can quickly fall into debt. Fortunately, California realizes the heavy financial burden such circumstances can place on victims and their families. In California, victims have the right to seek compensation specifically for what is known as “loss of earning capacity” and other economic damages.

California Loss of Earning Capacity and Lost Wages

Lost earning capacity, or time and money yielded due to the detrimental loss of one’s ability to work and garner income in the future, can be calculated and recovered as compensation. Though both “lost wages” and loss of earning capacity are examples of economic damages, the two are notably different. Lost wages or loss of income refers to the money lost from being unable to work while you are recovering before either filing a suit or until a settlement goes into effect. Lost wages are typically easier to calculate as they have already transpired. However, loss of earning capacity looks to establish the hypothetical earnings an individual will lose out on, in the future, due to their injury.

Common Questions Regarding Loss of Earning Capacity

Loss of earning capacity income is not calculated as current wages but is instead a projection of what the victim would have presumably earned if they hadn’t been injured in the accident.

What types of income fall under “loss of earning capacity”?

Including income like hourly wages and salary pay, lost earning capacity examples also include benefits, 401ks, self-employed income (business owners), overtime pay, sick pay, vacation pay, commission, stock options, and potential raises.

 How is loss of earning capacity calculated?

To recover damages for loss of earning capacity, a thorough calculation is made. Along with analyzing earnings, the type of injury also needs to be considered; can you be fully rehabilitated? Will you be able to return to work in the future, and in what capacity, if at all? For example, your employer may be asked to testify about your job performance and outlook. The position you held and potential for growth, your educational background, workforce-related job trends, and the area you live and work in are some additional factors assessed. A medical expert may be asked to describe your injury and how it has impacted your life and health in the present and future. Having a skilled personal injury attorney with ample experience in cases involving economic damages is advisable.

Does an Injury have to be life-changing to qualify for loss of earning capacity?

A common misconception is that lost earning capacity only applies when the plaintiff has sustained an injury from which they cannot recover. However, this simply is not true. Even if the injury could or does resolve in the future, the plaintiff is still eligible for loss of earning capacity at the time of settlement or trial. A serious injury, but not necessarily life-altering, still allows a victim to pursue lost earning capacity damages.

Personal Injury Law in California

Proving that you have lost your earning capacity due to a personal injury is a complex process. Still, it is essential if you want to focus on your recovery plan and eliminate any stress related to debt, future medical costs, and living expenses. A personal injury attorney with extensive knowledge of California personal injury laws will know how to proceed and maximize your compensation successfully. If you or a loved one have suffered a severe injury following a California car accident, contacting an experienced Bay Area car accident attorney is crucial.

Understanding Comparative Negligence & Fault in California Bay Area Accidents

27 July
2022

California is an exceptionally beautiful place to live; however, it also has some of the most traffic-congested areas in our country, notably the Bay Area with major cities like San Francisco and Oakland. In densely populated regions, accidents are much more prone to happen, and nationwide, there was a surge of traffic-related fatalities in 2021. In the aftermath of an accident, there are several vital steps to take, like filing a police report, visiting urgent care to treat or check for injuries, documenting damage to vehicles, filing insurance claims, and figuring out who is to blame for the collision. When involved in a crash, determining fault is always a priority, but many are unaware that it’s not always clear-cut; responsibility may be assigned to multiple parties, and a partially at-fault party may still seek and receive compensation for damages.

What is Comparative Negligence?

Comparative fault laws or the doctrine of comparative negligence pertains to how much fault is assigned to each party involved in a collision. In California, relative negligence laws allow individuals to still recover damages from a crash, even if they partially contributed to its cause. In such cases, compensation is calculated in relation to the percentage or amount of fault. For example, in the event you are deemed to be 40 percent at fault for an accident, you would be liable for 40 percent of damages, but you will still qualify for compensation. While all states have some variation of this law, in those with modified comparative negligence rules, an individual cannot recover compensation if their fault in the accident is typically greater than 50 percent. Fortunately, California is a pure comparative fault law state, meaning an individual can still seek compensation despite being 99 percent at fault.

Comparative Negligence Defense

In car accident lawsuits or claims, comparative negligence can be utilized as a defense. A person accused of fault may argue that the victim was partially responsible for their injuries. The court or the jury determines each party’s percentage of liability in a comparative negligence case. Your compensation will be adjusted or reduced depending on how much you contributed to the accident.

Accidents may be triggered by various forms of negligence, which can impact the amount of damages you owe. A knowledgeable California car accident and personal injury law attorney can assist you in identifying the fault and pinpointing critical elements of the accident that can help your case. Some examples of negligence include but are not limited to:

  • Running a traffic light or failing to yield
  • Driving recklessly
  • Failure to signal
  • Tailgating
  • Speeding
  • Disregarding seatbelt laws
  • Ignoring pedestrian crosswalks, signs, and traffic lights

Pure comparative negligence can positively or negatively affect your case if you are partially at fault for an incident. Motor vehicle accidents, the claims process, and determining fault percentages are complex, making the process of recovering compensation both overwhelming and challenging. It can be additionally stressful when another party tries to claim they are the sole victim in a crash, and you are entirely to blame for the collision. If you or a loved one have been in a car accident, it is wise to contact an experienced Bay Area car accident lawyer right away. Schedule a free consultation today and have your questions and concerns addressed by our skilled and proficient attorney.

FAQs: California Car Accidents and Personal Injury Claims

29 June
2022

Does filing a personal injury claim require a court appearance?

A motor vehicle accident claim is usually settled out of court and through negotiations with the parties and related insurance companies involved. Despite this, many insurers attempt to settle claims quickly and for the least amount possible. However, in instances where the insurance company does not make an acceptable offer, we are prepared to litigate on your behalf for complete compensation.

In California, how much compensation am I entitled to after a car accident?

California allows you to recover both general and special damages.

General damages are for elements such as pain and suffering or how the accident and injury have affected your quality of life. It is challenging to specify how much money should be allocated for such damages as there is no set rule. It typically depends, however, on what kind of injury you suffered, how much discomfort you endured, and how long your injury lasted.

Among special damages are healthcare-related expenses due to the accident (e.g., general medical fees, prescription costs, and therapy or treatment expenses). Also included under special damages may be lost wages and repair costs for your vehicle.

You will receive compensation based on the type of injury you sustained, the cost of hospital care and medical treatment, and any losses you have incurred due to the accident. Many accidents may cause significant trauma to the victim, which deserves consideration when establishing compensation amounts.

Is it possible to seek compensation for both past and future expenses?

Past and current medical expenses are more straightforward to calculate as bills, statements, and receipts are all accessible. Although future medical expenses are not as simple to document, as they have not yet occurred, they can be evaluated and determined. Traumatic brain injuries, spinal injuries, and any injury requiring extensive treatments or long-term therapy can add up quickly as future costs. During litigation or negotiations for compensation, your attorney can establish reasonable estimates for these costs as well as treatment needs. Expert testimony from doctors and healthcare providers is often used for this purpose.

What do I have to prove for my California accident claim to succeed?

California law requires that you prove the other party was negligent in how they operated their vehicle. In other words, you must demonstrate the following factors:

  • The defendant was negligent in how they operated their vehicle or neglected traffic laws. For example, the defendant may have sped, ran a red light, or engaged in distracted driving behavior.
  • That plaintiff suffered an injury.
  • That defendant’s negligence significantly contributed to the harm the plaintiff suffered.

Note: In instances where you are partially at fault for an accident, you may still recover compensation if you can demonstrate that the defendant’s actions also played a meaningful role in the collision.

When pursuing a personal injury claim, how can an attorney help?

Although you won’t always require an attorney to file a car accident or associated personal injury claim, having proficient counsel on your side can significantly reduce the stress of the entire process and ensure you receive just compensation. An attorney can assist in investigating the collision, gathering evidence to demonstrate fault and determine damages, and estimating the value of those damages. In addition, your lawyer may negotiate settlements when appropriate, represent you in litigation and fight on your behalf for your right to complete compensation. Contact our Bay Area personal injury firm today for a free consultation.