Simi Valley, CA Car Accident Lawyer
Considering that the city ranks 48th in terms of population in California, you might assume that car accidents in Simi Valley, CA are relatively rare. However, statistics from the California Office of Traffic Safety Crash Rankings would prove you wrong. There were 356 fatal and injury-causing accidents in 2017, adding to the total of 5,703 in all of Ventura County. The consequences for victims and their families go beyond the physical pain, with far-reaching financial and emotional implications that take a significant toll.
If you were hurt in a car accident, you may get some sense of relief knowing that you do have legal options under California law. It’s possible to recover compensation for your losses as the victim of an auto crash, and our team at Fisher & Talwar can help. We have extensive experience pursuing an insurance claim, and we’re prepared to take your case to court as necessary to protect your interests. Please contact our office to speak to a Simi Valley, CA car accident lawyer. We can schedule a no-cost consultation to provide details, but you might benefit from reviewing some basic information.
Common Causes of Auto Collisions in California:
Motor vehicle crashes are usually caused by careless or reckless conduct by motorists. Drivers create an increased risk of accidents when they:
- Speed in excess of the posted limit or going too fast for road conditions;
- Drive under the influence of alcohol or drugs;
- Fail to yield to other vehicles or comply with right-of-way rules;
- Erratically change lanes;
- Take curves too quickly;
- Run through red lights or stop signs;
- Fail to comply with other traffic signage or laws; and,
- Engage in other dangerous acts behind the wheel.
In addition, another cause of car accidents in California is distracted driving. Despite laws regarding cell phone use, motorists still text, talk on the phone, surf the internet, post to social media, and take photos while operating a vehicle. Plus, though there may not be laws prohibiting other forms of distracted driving, some activities are just as dangerous. Examples include eating, drinking, adjusting the radio, using a GPS, and any other activity that takes the driver’s attention away from the road.
Liability in Car Accident Cases:
While the specific causes behind an auto crash may vary, liability in such a claim is usually based upon negligence. This term is often used interchangeably with carelessness, but there’s a very precise definition in the practice of law. To recover compensation in a case based upon negligence, you must prove four elements:
- The other driver had a duty to use reasonable care when operating the vehicle;
- That person breached the legal duty of care;
- The breach of duty was a direct cause of the accident in which you were injured, such that you would not have been hurt but for the breach; and,
- You need to prove that you sustained losses as a result of your injuries.
If you lost a loved one in a car accident, you have similar rights through a personal injury claim known as a wrongful death case. You can recover compensation for your losses if you’re an eligible family member, such as a surviving spouse, child, or other people who were dependent upon the deceased victim.
At Fisher & Talwar, our Simi Valley, CA car accident attorneys have the investigative resources to gather the essential evidence, along with skills to create a solid strategy for enforcing your rights. We work with medical experts, accident reconstruction specialists, financial analysts, and many other professionals to ensure we have strong proof of each essential element.
Compensation is Available for Victims:
If successful in proving the four sets of facts in a negligence-based case, you can recover monetary damages as a car accident victim. Compensation focuses on your losses and the ways your life has been adversely affected by your injuries, and it falls into two categories:
- Economic Damages: This type of compensation reimburses you for definable losses, which have a dollar value and are sometimes out-of-pocket expenses. They include the costs of medical care to treat your injuries, such as surgery, emergency care, hospitalization, and related expenses. If you were out of work because of your injuries, you may also qualify for lost wages as a form of economic damages.
- Non-Economic Damages: In this category, your losses are more subjective and personal. You don’t have receipts or invoices, but you can still recover for such non-economic damages as:
- Pain and suffering;
- Scarring and disfigurement;
- Emotional and psychological distress;
- Diminished quality of life from not being able to enjoy favorite activities;
- Losses based upon how your injuries affect your relationships with your spouse, children, and other loved ones; and,
- Many more.
Limitations on Your Claim:
Even though you may have solid evidence demonstrating your right to compensation, you need to be aware of some legal rules that apply to personal injury cases. Our Simi Valley, CA car accident lawyers at Fisher & Talwar can explain the following in more detail:
Statute of Limitations: California imposes a time restriction on how long you have to file a lawsuit in a car accident claim. You have two years to initiate litigation, and the clock starts running on the date of the crash.
Contributory Negligence: There is a rule in personal injury cases that highlights your own conduct in an auto crash. If you were in any way responsible for causing the incident, your compensation will be reduced proportionally to the amount of fault attributable to you.
A Simi Valley, CA Car Accident Attorney Will Protect Your Interests
From this overview, you can see that auto crash cases are more challenging than you might expect. Insurance companies are reluctant to pay regardless of the strength of your claim, and litigation is an even more complex scenario. Allow our Simi Valley, CA car accident lawyers at Fisher & Talwar to shoulder the legal burden, so you can focus on recovering from your injuries. To learn more about your rights and remedies, please call 213.805.7706 or go online to set up a free case evaluation today.