Rear-end collisions are some of the most common accidents in the United States, according to the Washington Post. If you were involved in a rear-end crash in Oakland, CA, you may be able to recover awards for any injuries you suffered or property damage.
The legal team at Ben Crump Law, PLLC takes on rear-end collision cases for drivers in Oakland and the surrounding areas. See how an Oakland rear-end collisions lawyer may be able to help you today when you call our team at 800-959-1444. You can talk about your case with one of our team members in a free, no-obligation consultation.
Common Causes of Rear-End Collisions
Rear-end collisions are all too often unavoidable, but when they do happen, they can often cause painful injuries. Many times, rear-end auto accidents happen due to common causes such as:
- Texting and Driving: All too often, drivers still pick up their phones to text while driving and look at the screen. Drivers can miss the signals that cars in front have slowed down or come to a complete stop.
- Distracted Driving: Other drivers might have a distraction in the form of a radio, misbehaving kids in the backseat, or other types, which causes them to look away.
- Reckless Driving: Speeding, moving in and out of lanes quickly, and other forms of reckless driving may contribute to a driver not stopping in time and slamming into your car from behind.
- Driving Under the Influence: Unfortunately, some drivers make a choice to operate a motor vehicle after consuming alcohol or taking some other drug, inhibiting their reflexes and making it difficult to stop on time if they even notice your car.
- Inclement Weather: Rain or icy weather makes a road much more slippery and if another driver is not observing safe driving practices during inclement weather, they may end up running into you while you are stopped.
How to Prove Negligence in California
California Civil Code 1714 outlines the standards for determining negligence. There are four elements involved in negligence: duty, breach, causation, and damages.
Other drivers have a duty to you to operate their cars correctly. They breach that duty when they hit you. You would then have causation if they injured you when they hit you, and may be able to seek damages if the other three elements can be proven.
After the case of Li vs. Yellow Cab Company, California adopted pure comparative negligence laws. This means that if you are assigned 20 percent of the blame for the wreck, then you can receive 80 percent of the total award. However, the other party can receive the other 20 percent of the award.
Types of Compensation You Might Be Able to Recover
Once negligence on the part of the other driver is established, you can then file for a claim against them. Types of compensation that you can include in your claim are:
- Lost Wages: If the accident itself caused you to miss work, or you missed work due to recovering from injuries from the wreck, then you might be entitled to recover those damages.
- Medical Costs: Surgeries, rehabilitation costs, hospital stays, prescription medicine, and doctor visits can all add up—and when you are trying to recover from the accident, you should not have to be worried about medical financial obligations.
- Personal Property Damages: A rear-end collision may cause damage to your vehicle, leaving you without a car. You could recoup the costs of repairing your car from the accident.
- Pain and Suffering: Also referred to as non-economic damages, pain and suffering compensation has no cap on it in a car accident case.
Each rear-end collision case will have different circumstances, the types of available compensation may vary and an attorney can help you figure out suitable awards for your particular case.
Reasons Hiring a Lawyer May Benefit You
You may think you can handle a personal injury case such as a rear-end collision without bringing in an Oakland rear-end collisions lawyer, but consulting with a lawyer may benefit you in the long run. If you decide to hire an attorney, they will then take over all aspects of the case for you. When you are working on recovering, assembling a case on your own might begin to feel overwhelming.
Your personal injury lawyer will communicate with both your insurance company and the other driver’s insurance company to try and negotiate a better deal for you. Many times, insurance companies might attempt to lowball you on their first offer. A lawyer will be equipped with the right words and tools to try and get you a much better offer, fighting for you and the best-case scenario.
Insurance companies might also try to assign blame to you for the accident and try to reduce the damages they pay out, but your lawyer will work to prove that you were not negligent by assembling evidence that can prove your case such as:
- Police reports
- Witness statements
- Security camera footage
- Photos of the damage to your vehicle
- Medical records and documentation of your injuries
- Any other pertinent information
For a free legal consultation with a rear-end collisions accidents lawyer serving Oakland, call 800-959-1444
California Statue of Limitations for Car Accidents
Statute of limitations CCP § 335.1 dictates that you can file both a personal injury lawsuit and a wrongful death lawsuit within two years following a car accident, including a rear-end collision. If you wait past this deadline, you forfeit your chance to pursue any compensation for your injuries and losses you have endured due to the rear-end collision.
Hiring a lawyer may be beneficial for building your case. They can gather evidence, negotiate with the other party’s insurance company, represent you in trial, if necessary, and ultimately, help you fight for financial recovery. Call Ben Crump Law, PLLC today for a free consultation at 800-959-1444.
Oakland Rear-End Collisions Accident Lawyer Near Me 800-959-1444
Consider Hiring a California Rear-End Accident Lawyer Today
If you have recently been the victim of a rear-end accident, you may be exploring your options as you decide what to do and how best to recover from this trauma. While you recover, consider making a phone call to the office of an Oakland rear-end collisions lawyer so you can explore your options and determine your best course of action. You could be entitled to compensation that can help you recover financially.
Find out how the personal injury attorneys at Ben Crump Law, PLLC can be of assistance when you call at 800-959-1444. You can set up your free consultation so we can go over the details of your case and let you know what steps you can take next.