J&Y Law Firm – Your Victory Starts Here In California

The first thing you should do is stay calm, call the police, and dial 911 if you or someone else has been injured. Also, get the name and contact information of all the other parties involved in the accident as well as any witnesses. If possible, take pictures of the vehicles to document the damage, the accident scene, and the injuries. Finally, do not admit liability because your attorney will need to conduct a thorough investigation to establish the other driver’s fault.

In most cases, auto accident claims are resolved outside of court and settled through a detailed and intricate negotiation with an insurance company. Nonetheless, many insurers try to settle claims quickly and for as little money as possible. If the insurer fails to make an offer for the full value of your claim, we are prepared to litigate the matter in court.

After an accident, you may feel fine, only to have injuries surface days, weeks or even months later. For this reason, you should consider seeing a doctor even if you don’t believe you were injured. A doctor can recognize injuries that are not immediately apparent to you and alert you to warning signs of injuries that may arise. By failing to have your injuries treated within a reasonable amount of time, you may forfeit your right to recover damages for future medical costs. In any event, never settle a car accident claim until a doctor has examined you and advised you of the extent of your injuries.

Do not accept any blame for an accident since there are often many factors involved. If an investigation determines that you are partially at fault, you may still be entitled to compensation. It is important to note that California uses a system of pure comparative negligence to determine liability in a car accident case. This means that each person who is found to be at fault for a car accident is liable for his or her portion of the fault. If it is determined that you were 20 percent at fault for the accident and otherwise eligible for a $100,000 settlement, for example, the settlement would be reduced to $80,000 (or 80 percent of the original settlement amount).

California’s seat belt law requires both drivers and passengers to wear seat belts when a vehicle is in motion. Nonetheless, if you fail to buckle up and are injured in an accident, you may still be entitled to compensation from the at-fault party. Because California is a comparative fault state, however, your settlement will be reduced by your assigned percentage of fault. You may also be ticketed by law enforcement at the scene for not wearing a seatbelt.