Severe and fatal car accidents have been on the rise in the Sierra Nevada region throughout the last several years. If you’ve been injured in a car accident, you need an expert California car accident lawyer by your side.
Contact the dedicated car accident law firm of Porter Simon for your accident recovery needs. Our local attorneys are skilled in California as well as Nevada law, allowing them to approach every case with compassion and confidence.
Top Causes of Car Accidents
While no one plans of getting into an accident, most car crashes do involve some level of driver liability. Driver error is one of the most common causes of car accidents. Negligence behind the wheel can be a deadly mistake, and one that can be difficult to account for from the average insurance settlement.
Even accidents that take place due to bad weather can still involve driver liability if the person behind the wheel was not driving responsibly, or if they failed to perform critical maintenance on their vehicle.
Distracted Driving
More than 3,000 people per year are killed by distracted driving in the United States. In 2021, 3,522 lives were lost to distracted driving accidents. Distracted driving includes driving while focusing on a conversation, music, directions, or anything else that takes your eyes off the road. However, driving while texting or using a handheld device is by far the most common and most dangerous out of all distracted driving trends.
According to the National Highway Traffic Safety Association (NHTSA), sending or reading even a short text message takes your focus off the road for approximately 5 seconds. When you’re traveling at 55 mph, that’s the equivalent of driving the length of a football field without looking.
Reckless Driving/Road Rage
Reckless or aggressive driving (also known as road rage) is another dangerous cause of severe accidents. Studies show that 56% of fatal crashes involve some form of aggressive driving behaviors. The most common of these are speeding, changing lanes without signaling, and tailgating.
The AAA Foundation for Traffic Safety found that road rage was common among American drivers, with close to 80% of those surveyed admitting that they experienced some form of road rage during the last 30 days. Driving aggressively is a safety risk to yourself and to everyone who shares the roadway with you. Aggressive drivers can be held accountable by our California car crash lawyers, making sure that they pay for the damage that they cause.
Driving Under the Influence
Drunk driving and driving under the influence of drugs leads to otherwise preventable deaths every day. Unfortunately, drunk driving fatalities are on the rise, with a 14% increase in deaths since 2020. Alcohol and drug use impair the central nervous system, as well as brain function and reaction times. All of these are necessary in order to make safe decisions behind the wheel.
In California, if your Blood Alcohol Content (BAC) is over the legal limit of 0.08% by body weight within three hours of driving, you can be arrested and charged with a DUI. Our car accident attorneys are experts in local law, and understand how liability differs across state lines. If you’ve been injured in a California car accident, we can help.
In California, if your Blood Alcohol Content (BAC) is over the legal limit of 0.08% by body weight within three hours of driving, you can be arrested and charged with a DUI.
Fatigue
Drowsy driving is a form of driver negligence that is unfortunately common along highways in the Sierra and beyond. Getting behind the wheel after 20 hours without sleep equates to having a BAC of 0.08% when it comes to your decision-making capabilities. According to the Centers for Disease Control and Prevention, 1 in 25 adult drivers report falling asleep while driving within the past 30 days.
Approximately 6,400 deaths annually are attributed to drowsy driving accidents. Drowsy Driving Prevention Week is the first full week of November, in an effort to reduce lives lost to this preventable form of negligence.
Failure To Obey Rules of the Road
Making illegal U-Turns, running red lights, failing to obey the right of way, and more can have serious consequences. The rules of the road are in place to keep everyone safe. When drivers flaunt or ignore them and cause an accident, they can be held accountable through a lawsuit.
Driver error is one of the most common causes of car accidents.
Types of Car Crash Claims
The following are some of the most common types of car accidents that our Truckee lawyers handle on a regular basis:
- Rear-End Collisions: Rear-end crashes are the number one most common type of collision, according to the National Highway Traffic Safety Administration (NHTSA). Approximately 29% of all car accidents involve rear-end collisions, causing disproportionately high injuries and fatalities each year. NHTSA studies show that rear-end collisions where the lead vehicle is stopped, or moving very slowly relative to roadway traffic, account for the majority of these accidents.
- Side-Impact Collisions: Side swipes or side-impact collisions are particularly dangerous when they take place on Interstate 80 around Truckee. Highway side swipes at a high rate of speed can lead to injuries such as whiplash, nerve damage, and more.
- Vehicle Rollover: Vehicle rollover is especially dangerous when it comes to accidents involving motorcycles and bicycles. Because of their reduced protection from the road, motorcycle injuries tend to be severe, resulting in extensive medical bills, longer recovery times, and higher fatality rates. Additional costs and liability considerations may apply with vehicle rollover cases involving motorcycles.
- Head-On Collisions: Head-on collisions are particularly common with distracted and impaired driving, speeding, not following traffic signs, and driving the wrong way down a one-way road. When they occur on California roads, they can lead to deadly consequences.
- Multiple-Vehicle Collisions: Multiple vehicle accidents can involve complicated questions about liability, insurance coverage, and who pays for what. They can also involve higher costs for those involved, as a simple fender bender can quickly turn into a multi-car pileup with extensive injuries. When you have been involved in a minor accident, always move out of the flow of traffic for your own safety.
- Hit and Run Accidents: Hit and run drivers can cause some of the deadliest accidents, and attempt to shirk responsibility by fleeing the scene. If you’ve been injured by a hit and run driver, you may be wondering what to do without their insurance information. Talk to a car accident lawyer in California for help covering your costs through a lawsuit.
Approximately 29% of all car accidents involve rear-end collisions, making it one of the most common types.
Personal Injuries From Truckee Car Accidents
The two main categories of personal injuries from a car crash are penetrating injuries and impact injuries. In a penetrating injury, something has broken through the surface of your skin to cause damage. This kind of laceration can lead to lost limbs, damaged vision, permanent scarring, and more.
An impact injury, on the other hand, may seem less severe at first, but can cause just as much pain and suffering. The force alone involved in an impact injury can lead to severe damage. Examples of impact injuries include concussions, internal bleeding, contusions, and more.
The following are some of the most common impact and penetrating injuries that our expert car accident lawyers can help you handle with a personal injury claim:
- Traumatic Brain Injuries: A TBI can be as mild as a concussion, or it can lead to permanent disability. Even suspected concussions should be examined by a medical professional as they may involve internal bleeding and other deadly risks. Any brain injury should be seen by a doctor before you rule out more serious concerns.
- Spinal Cord Injuries: Spinal cord injuries can lead to debilitating damage and lasting lifestyle changes. For those who perform manual labor, a spinal cord injury can permanently impact your earning capacity. A spinal cord injury can also lead to increased pain and a loss of enjoyment in everyday tasks.
- Facial Injuries: Facial injuries are especially common in motorcycle accidents, although wearing a helmet can reduce injury rates. Facial injuries such as scarring, bruising, eye damage, and more may all be compensable from a car accident lawsuit.
- Soft Tissue Injuries: Soft tissue injuries can be both penetrating or impact-based. Whiplash is one of the most common of these associated with car accidents. Because whiplash symptoms can develop later on in the days or weeks after a car accident, it is important to be seen by a medical professional as soon as possible after a crash, even when you are not sure if you were injured.
- Broken Bones: Broken bones involve diagnostic costs as well as treatment expenses. You may also need to take time off of work or consider lifestyle changes while you heal from a broken bone.
- Loss of Limbs: A car accident that results in a loss of limb is considered severe, and may involve additional expenses that an insurance payout is not equipped to fully compensate. Loss of a limb may also involve pain and suffering that you should consider when seeking compensation from the liable driver.
- Burns: Burns are classified based on the severity of damage that they do, which is usually determined by how deep into the layer of skin that they penetrate. First-degree burns are considered to be only superficial, while second-degree burns penetrate deeper into the epidermis and may be swollen, red, and painful. Third-degree burns may cause damage not only to skin tissues, but also to nerves, bones, muscles, and tendons. Finally, burns that affect 10% of a child’s body surface, or 15-20% of an adult’s, are considered severe injuries that require hospitalization as well as an extensive rehabilitative process.
- Emotional Distress: Recovering from a car accident can involve emotional, as well as physical, difficulty. Many people who have been injured in car accidents require therapeutic care in order to be able to drive confidently again. Therapy and trauma care may also be necessary for those coping with extensive injury or lifestyle changes after an accident.
California Car Crash Claims: 4 Types
Truckee car accidents can lead to several different kinds of injuries, and can involve different length recovery times. Often, you will need time away from work to recover. You may also need help covering medical bills as well as extended care costs during a rehabilitative period. You will also likely experience a considerable amount of pain and suffering in the aftermath of a car accident.
If another party was at fault, a Porter Simon Sierra Injury Lawyers attorney can help you file a personal injury lawsuit to recover these additional losses that your personal auto insurance policy does not cover. Our California car accident lawyers will assess your case and analyze how much you may be able to receive in compensation.
There are four main types of car crash claims that California injury lawyers handle on a regular basis. A car crash attorney can be especially helpful when it comes to proving liability in your claim, which is necessary to establish who may be responsible for costs associated with the accident. Cases with disputed liability often take the longest amount of time to settle. The following are four common kinds of cases handled successfully by Porter Simon Sierra Injury Lawyers:
Claims Against Another Driver
Claims against another driver include drunk driving, drowsy driving, aggressive driving, speeding, and more. California is a pure comparative negligence state, allowing a greater number of accident claims than other states with more restrictive liability laws. Because of California’s pure comparative negligence standard, you may be able to recover compensation for whatever percentage of the accident was not your fault.
For example, say that you are found to be 70% at fault for an accident involving injuries and losses of $100,000. You mostly were to blame for the crash, but another driver’s actions made the situation worse and caused some portion of your losses, up to $30,000 worth. In states that use a standard of modified comparative negligence or contributory negligence, your claim would be reduced or even nullified entirely.
You would be held entirely responsible for the other driver’s losses, without the ability to file a claim on your own behalf. However, in California, you may be able to recover that $30,000 of your own injury claims, because of the pure comparative negligence legal standard. Your percentage award is still reduced based on your fault amount, but some compensation is possible for your own injuries.
Only a qualified car accident lawyer can advise you as to whether or not you have a valid claim. However, due to California’s less restrictive liability laws, it is worth consulting with an attorney in any accident involving damages in order to find out what you may be able to recover through a legal settlement or order.
California has a pure comparative negligence standard — you may be able to recover compensation for whatever percentage of the accident was not your fault.
Dram Shop Liability Claims
Dram shop liability laws allow injured parties to hold responsible not only drunk drivers who cause the accident, but also, in some limited instances, the bar, liquor shop, or sometimes even homeowner who served them. Serving an intoxicated person in California may induce liability if the drunk person then goes on to cause an accident.
In some states, even the intoxicated person themselves may be able to sue the bar for the damage they caused by continuing to serve them. However, in California, only those who serve alcohol to minors can be held liable for the damage then caused in an accident.
It is important to note that under California Code of Civil Procedure Section 1714, “a parent, guardian, or another adult who knowingly furnishes alcoholic beverages at his or her residence to a person under 21 years of age” may be held liable for the injuries or deaths that result from that intoxicated minor’s actions.
In California, if a person serves alcohol to an already intoxicated person, that individual may be liable. Likewise, if an adult gives alcohol to someone under 21, they might also be liable in the case of a later accident.
Uninsured/Underinsured Liability Claims
If you or a loved one is injured or killed in an accident caused by a driver who does not have any, or sufficient, auto insurance to cover the losses caused by the accident, you may be able to make a claim against your own auto insurance carrier under the uninsured/underinsured motorist coverage of your policy to compensate for the losses.
Wrongful Death Claims
Losing a loved one is always a difficult experience, but the grief is amplified when their loss should never have occurred in the first place. After a wrongful death, filing a lawsuit may be the furthest thing from your mind, but an accident lawyer can help your family recover financially during this painful time.
Successful wrongful death claims from a car accident case may cover medical bills, funeral and burial costs, as well as additional compensation for loss of consortium, loss of a caregiver, and more.
What To Do After an Automobile Accident
After an automobile accident in California, your first priority is to move to safety and seek medical attention as soon as possible. In the aftermath, there are several steps that can help you minimize your own liability, and make sure you can recover your costs from the crash.
1. Stay Calm and Check for Injuries
If you have been involved in a vehicle collision, you must stop in order to avoid being charged with a hit and run. If you can, move out of the flow of traffic to avoid a multi-car pileup.
Under California law, you must move your vehicle off of the street or highway if no one has been injured or killed in order to avoid your car or motorcycle being impounded. Check yourself for injuries, and call 911 if need be.
2. Call the Police To Report the Accident
Filing a police report can prevent people from changing their stories after a crash. Having the facts in writing can ensure that you are not blamed for someone else’s negligence. Police may also consult with witnesses, and retain their contact information in case it is needed.
3. Exchange Info and Document the Scene
Exchange insurance information with the other driver(s) involved. If you can, take photos or video of the crash area. Any additional details can help establish liability and make sure that no important details, such as roadway conditions or weather, are forgotten when filing your claim.
4. Seek Legal Assistance Before Starting the Claims Process
Before you begin the claims process, contact a car accident personal injury lawyer. Insurance adjusters have many tricks up their sleeve to protect their company’s bottom line. By speaking with a car accident lawyer before you file a claim, you can avoid making statements that might reduce your monetary amount.
5. Report the Accident According to State Procedures
If your accident involves more than $1000 in property damage, injuries (no matter how slight), or fatalities, you must file an accident report within 10 days to the DMV in California. Because most accidents may involve property damage and at least minor injuries, it is advisable to file an accident report as soon as possible to ensure compliance.
6. Follow the Advice From Your Lawyer
Do not post about the accident on social media, or discuss the crash without seeking the advice of legal counsel. Your lawyer will be able to advise you about the specifics of responding to insurance adjusters, police officers, and opposing counsel.
FAQs: After a Car Accident in California
Should I get a lawyer for a car accident that wasn’t my fault?
Yes. You can file a car accident lawsuit after a crash that you did not cause, or that you were only partially responsible for. If you were not at fault, you may be able to recover damages that account for your pain and suffering by hiring a car accident injury attorney.
How do I find car accident lawyers near me?
By working with local experts, you can make sure you are maximizing your claim by staying in line with the latest developments in California state law. You can ensure your legal team is specialized in the kinds of cases that happen all the time in our community, and that they care about getting the best possible outcome for your settlement. Checking previous client testimonials is another good way to make sure that the law firm you work with is compassionate, experienced, and effective.
How do car accident lawyers work?
Many car crash lawyers take cases on a contingency basis, meaning that you do not pay up front for their services. Instead, they will take a percentage of whatever they win for you from your settlement.
Not all California attorneys are the same, however, and some may offer better services and settlement splits than others. Consult with the experts at Porter Simon Sierra Injury Lawyers to see how we can help you today. We provide our services to injured Truckee locals and those who need legal assistance throughout the Sierra area.
Call Our California Car Accident Lawyers for Help Today
After a car crash in Truckee, Tahoe, or beyond, contact Porter Simon as soon as possible for a free legal consultation. Northern California and Nevada residents have turned to our attorneys for over 50 years for help with their car accident claims. See why we’re trusted by the community to provide expert support, compassionate guidance, and in-depth legal expertise.