If they are victims of another person’s negligence, people who have been in a car accident should be aware of their rights to compensation. Victims can file a personal injury lawsuit to get their medical bills paid and their lost wages reimbursed. An experienced Moreno Valley lawyer can help you seek compensation for any injuries sustained in an accident.
You may be entitled to compensation if you or your loved one are injured in a car accident that was caused by negligence. An skilled attorney can help you hold others responsible for their negligence in causing your injuries.
What role does negligence play in auto accident claims?
Negligence is the legal theory which underpins most personal injury claims, even those that arise from car accidents. Drivers of motor vehicles are required to drive in a manner that is reasonable safe for all. Drivers who fail to fulfill this duty, such as causing traffic violations or injuries, can be held negligently and at-fault.
Individuals can sustain severe injuries due to the negligence of another person. This often includes careless or reckless driving behavior. These injuries can lead to victims being able to file a personal injury claim based on negligence. A Moreno Valley car accident lawyer can help you bring and maintain a successful personal injury case.
Can Victims of Car Accidents Share Liability in Moreno Valley
Many car accidents, especially those on state highways can involve multiple vehicles and injury. In some cases, even if the accident was partially caused by passengers or drivers, there may still be compensation available to them. A Moreno Valley car accident lawyer may be the best way to determine if there is a chance of financial recovery.
California, unlike many other states that limit damages for those who are less than 50% at fault in an accident that caused their injuries, has adopted a strict comparative negligence standard. Even if injuries victims are partially at fault for their accidents they may still be eligible to pursue damages from other negligent parties.
The amount of damage that an individual may be awarded is dependent on their level of responsibility for the accident. If they sustain $100,000 in damages due to an accident and are 25% at fault, their maximum recovery from negligent parties is $25,000
Time Limits and Car Accident Claims in Moreno Valley
Personal injury claims must be brought within a certain time limit. Individuals who fail to bring their claims within the prescribed time frame may lose their right to any compensation. Injured persons have generally two years to file a claim for damages under state law.
There are many exceptions to the general time limit. Individuals seeking to sue negligent government employees or entities for their injuries have a shorter time frame in which they can initiate their claims. For personal injury cases, it is a good idea to seek guidance from legal counsel to avoid missing opportunities to hold negligent persons and entities responsible.
For guidance, talk to a Moreno Valley Car Accident Attorney
You will likely be confused if you are the victim of a serious car accident. Even if you have suffered severe injuries, the insurance company responsible will often contact you immediately. You may want to immediately contact a Moreno Valley lawyer if you have been injured in a car accident.
You can put your energy and focus on your injuries when you have legal counsel by your side. Do not try to navigate complex insurance and legal systems by yourself. Let a legal advocate handle your personal injury case.
Common Causes of Car Accidents In Moreno Valley
Most car accidents in Moreno Valley can be avoided. These accidents happen because someone is careless, negligent or reckless. This is particularly true in densely populated cities and freeways like State Route 60. Hanson & Mouri is passionate about holding negligent drivers and other parties responsible for their actions. California families and clients who are injured by the negligence or misconduct others have been represented by us.
- Distracted driving
- Heavy traffic
- Driving while under the influence of alcohol and drugs
- Drunk driving
- Racing or speeding
- Reckless driving
- Running at red-light
- Unsafe lane changes
- Failure to yield
- Failure to keep your vehicle safe
Our lawyers will help you get fair compensation from the at fault party, no matter the cause of your Moreno Valley car accident. We use aggressive and proven legal strategies to ensure that this happens. We can assess your damages accurately, gather proof of your losses and take on any driver or defendant for you.
What to do after a car accident in Moreno Valley
It doesn’t matter if you have been in a car crash before. Knowing what your legal rights are can be helpful. There are certain steps you can take to help your California car accident claim. Contact Hanson & Mouri if you have any questions. We will guide you through the steps necessary to achieve maximum claim results.
- Avoid fleeing the accident scene.
- Don’t admit fault to the other driver.
- Call the police immediately.
- Check to see if anyone has any injuries.
- Get in touch with the other driver.
- Photograph the crash site.
- Take yourself to the hospital.
- Submit an insurance claim
- Keep records of any injuries or accidents.
- Hire a Moreno Valley car accident attorney.
Call our local law office for a free consultation before you rush to get involved in the insurance process. We will work closely together to help you understand and protect your rights. We will investigate your accident, gather evidence, and negotiate with the insurance adjusters on your behalf. We are familiar with California’s insurance system and can help you navigate it to get the best results.
The Evidence You Need for a Moreno Valley Car Accident Case
An attorney can help you gather the evidence necessary to prove that a negligent party was responsible for a car crash. This will usually involve an independent investigation to document and map the accident scene and the surrounding area. This will assist in determining liability. They might also be eligible for:
- The clothes you were wearing at that time.
- A copy of the police investigation.
- Witness statements
- Traffic camera and surveillance footage available.
- Copies of accident-related medical bills and records.
- To establish your income lost, pay stubs or tax returns.
- If your vehicle is totaled, you will need to provide receipts or an appraisal.
- Copy of your insurance policy.
- Subpoenaing records from cell phones
- Black box data collection. It may have a black box, depending on the vehicle involved. This can provide valuable information like the vehicle’s speed and braking as well as steering at the time of an accident.
These types of evidence can be preserved by a car accident lawyer quickly before they are lost, destroyed, or damaged. You will be advised on what to tell the at-fault party’s insurance company and what not to say. An attorney can help you avoid making an error that could reduce your compensation. Insurance adjusters will often search for inconsistencies within your story in order to minimize their liability.
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Common injuries resulting from car accidents
Car accidents can result in a variety of injuries. These include:
Soft Tissue Injuries
Soft tissue injuries are the most common type of car accident injury. Your body can be affected by the sudden impact. This can lead to whiplash or strains.
Bones can fracture due to pressure or movement in an unusual direction. Bone fractures are painful and may not heal completely. A victim may feel pain for months or even years. Amputation or extensive reconstructive surgery may be required for injuries resulting from the crushing of bones.
Traumatic Brain Injury
Traumatic brain injuries (TBIs) can be caused by a direct blow to the head, or a violent jolt. These injuries can range from minor concussions to severe and potentially life-threatening injuries. TBIs can have long-term consequences.
- Memory loss
- Concentration is difficult
- Sensory issues
Spinal Cord Injuries
Most spinal cord injuries (SCIs), are caused by a hard hit, or a puncturing wound. A spinal cord injury (SCI) can cause paralysis or even death.
Many people overlook psychological injuries as a result of a car accident. Many people suffer from depression, anxiety, PTSD and other psychological conditions. A psychological injury could be:
- Trouble sleeping
- Anxiety or worry that causes you to be anxious, which can interfere with your daily activities
- A overwhelming sadness
- Brain fog
- Concentration is difficult
It is important to seek medical attention immediately after an accident. Even minor injuries can develop into severe symptoms even if they are thought to be minor. The insurance company of the at-fault party may claim that you weren’t injured in the accident or that you are not entitled to the full extent of your claims. You can get the compensation you are entitled to by seeking and continuing medical treatment as well as consulting an attorney.
Who can be held liable for a car accident in Moreno Valley
California’s fault system allows anyone who contributes to an automobile accident to be held liable. This could be another driver, company or vehicle manufacturer or government agency. To hold someone liable and get compensation, you must prove their negligence caused the accident. This is what you will need to prove:
Duty of Care
The at-fault party had a duty of reasonable care (e.g. another driver must obey traffic laws, employers must train drivers and vehicle manufacturers must make vehicles safe for use. Government agencies must also ensure that roads are safe for driving on.
Breach of Duty
The accident was caused by the at-fault party’s failure to exercise reasonable care. (e.g. driver ran a red line, employer failed train their driver, manufacturer designed defective vehicles, government agency failed proper signage installation)
Your injuries were caused by the negligence of the at-fault party.
Due to the negligence of the at-fault party, you suffered financial losses (damages). (e.g. medical bills, income loss, property damage, etc.
Clear and convincing evidence is required to prove fault. Their insurance company will blame you even if the other party seems to be at fault in order to limit their financial liability.
What compensation can I receive after a car accident in Moreno Valley
You can seek compensation from the at-fault party if you sustain injuries or other losses as a result of a car accident. This could include:
- For ongoing or future treatment, medical costs and expenses
- LOST LOCAL WORKERS
- If the accident causes you to lose future earnings or your earning capacity, it may result in a loss of ability to work or a decrease in income.
- All out-of-pocket costs for accident-related expenses, such as a rental car, medical supplies, etc.
- Property damage
- The two most painful things in life are suffering and pain
- Emotional distress
- Permanent disability
- Scarring and disfigurement
- Loss of consortium
- Punitive damages are awarded if the at fault party is found to have acted very recklessly or maliciously
California’s pure comparative negligence law will reduce the amount of compensation you receive if you were a contributor to your car accident. For example, if your award is $100,000 but you are found 20% responsible, you will only be able to recover $80,000 or 80%.