Monterey Car Accident Lawyers
Car crashes can leave accident victims with serious injuries, exorbitant medical bills, extended time away from work, and an uncertain financial future. The physical, emotional, and financial tolls are staggering. Fortunately, you can demand compensation and justice by filing a personal injury claim against the party responsible for your injuries.
The experienced legal team at the Allen Law Firm is here to help. Contact us today to take advantage of a free consultation.
Why Do I Need a Car Accident Lawyer?
The days, weeks, and months following a car accident are confusing, yet pivotal to the ultimate outcome of your car accident case. Insurance companies may try to take advantage of you while you are vulnerable, delaying your claim so you get frustrated and abandon it, or accept a lowball settlement, asking for access to your personal medical records, and doing everything possible to limit your payout. Without experienced legal representation, you could miss out on substantial compensation and be steamrolled in the process.
With an experienced attorney on your side, you can level the playing field. Car accident attorneys know the tactics insurers use and how to counter them. Personal injury lawyers protect victims’ rights, help them navigate the insurance claims process, and fight for the compensation they deserve. If you need to litigate your case or need access to expert witnesses, they have the resources necessary to advance your legal claim.
In particular, personal injury attorneys can help by:
- Investigating the accident to determine how it happened and who is at fault
- Explaining your legal rights and options
- Gathering evidence to prove fault, such as police reports, accident scene photos, and witness statements
- Accounting for the full extent of your damages by accessing your medical records, financial records, and employment records
- Consulting with expert witnesses as necessary, such as accident reconstruction experts, medical experts, and economic experts
- Handling communications with insurance companies and other parties
- Managing your legal claim, filing paperwork, and taking legal action within the appropriate timeframe
- Negotiating for a fair settlement
A skilled car accident claim can handle every detail of your legal claim, giving you the space and time to focus on your recovery.
Why Choose the Allen Law Firm for Your Personal Injury Attorney
While you have the choice of which personal injury lawyer you want to represent you, the Allen Law Firm is uniquely equipped to handle your case. Our law firm represents people throughout Monterey, Santa Cruz, Salinas, and the Central Coast who have been injured due to the negligence of others. We have capably handled all types of personal injury claims for over 20 years, recovering millions of dollars in life-changing compensation in that time.
Due to our founding attorney’s experience in disability and special education law, we can provide holistic legal support when car accidents cause traumatic brain injuries or disabilities, helping you to understand your legal rights and fighting for your fair treatment. And because he also has a background in alternative dispute resolution mechanisms like mediation and arbitration, he can do so in the most cost-efficient way possible.
Our compassionate legal team leads with empathy. We understand the toll that a serious car accident can have on you and your family, and we are dedicated to making things right for you. Contact us today to learn why we have a 10.0 Avvo rating from our former clients.
Common Causes of Car Accidents in Monterey
When traffic converges, collisions can occur. Leading causes of auto accidents in Monterey, California include:
- Distracted driving: Today, a leading cause of car accidents is distractions, which can range from texting or talking on a cell phone to talking to passengers or daydreaming.
- Drunk driving: Alcohol impairs judgment and coordination. It also reduces reaction time, contributing to crashes.
- Drugged driving: Unfortunately, drivers can be under the influence of narcotics, other illegal drugs, prescription medication, or other substances that impair their judgment and negatively impact their driving.
- Fatigued driving: Tired drivers mimic some of the same effects as drunk drivers.
- Speeding: Speeding increases the likelihood that a driver will lose control of their vehicle and that severe injuries will occur.
- Running red lights or stop signs: Some drivers get impatient and don’t want to wait at red lights or stop signs, so they ignore them, sometimes causing serious accidents in the process.
- Unsafe lane changes: When drivers switch lanes without signaling, checking their blind spots, or ensuring there is adequate space, they can sideswipe vehicles in adjoining lanes
- Failing to yield the right of way: Some drivers may disregard right-of-way rules at intersections, crosswalks, or when merging.
- Aggressive driving: Some drivers operate their vehicles in an unsafe fashion, such as weaving in and out of lanes, tailgating, and ignoring traffic signals.
- Weather conditions: Rain, fog, and other weather can make it more difficult to traverse California roadways.
- Poor road conditions: Potholes, uneven pavement, and poor road design contribute to some car crashes.
Common Car Accident Injuries
Car accidents can cause serious injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Facial injuries
- Dental trauma
- Whiplash
- Neck and back injuries
- Internal injuries
- Burns
- Psychological injuries
Who Is Responsible for My Damages?
California is a fault-based state for car accidents. This means that the party found at fault for the accident is responsible for paying for the damages they caused. Because most car accidents are caused by the unsafe actions of drivers, the at-fault driver is typically responsible for paying for damages. Injury victims have the right to file a claim with the at-fault driver’s liability insurance provider or to sue them for the damages they caused.
There may be instances when a party other than another driver is at fault for a car accident, such as an employer if the negligent driver was working at the time of the crash, or an auto part manufacturer created a defective auto part that contributed to the crash. An experienced lawyer can investigate your case and determine who you may have a legal claim against.
Evidence Used in Car Accident Cases
As the plaintiff in a personal injury case, you have the burden of proving that another party was responsible for your injuries in order to recover compensation for your medical bills, lost income, and other damages. A Monterey car accident lawyer from our firm can help identify, gather, and preserve evidence to help support your claim, such as:
- Accident reports: The official accident report can provide information from the responding officer’s initial investigation, including a determination of fault, whether the other driver was cited for a traffic violation,
- Photos of the accident scene: Photos at the accident scene can help demonstrate the damage to each vehicle, skid marks, debris, and other pertinent information.
- Video footage: There could be footage of the accident from traffic cameras, dash cams, bystander videos, or surveillance videos near the accident scene.
- Medical records: Reports from the emergency room, physician statements regarding your prognosis, ongoing care, and long-term impairments, lab reports, doctor’s notes, and other medical documentation can give a clear picture of how the accident affected you.
- Mechanical records: Mechanical records can help show whether mechanical negligence or a failure to maintain a vehicle contributed to the accident.
- Lost wage statements: Your lawyer can communicate with your employer and obtain documentation that shows how your livelihood has been affected by the accident.
- Cell phone records: Experienced lawyers may subpoena cell phone records if distracted driving is suspected.
- Property damage reports: Property damage reports from the body shops can help detail the damage to each vehicle, its location, and its severity.
- Injury statements: Statements from you and your loved ones can help explain the daily impact of the injuries on your life.
Damages You Can Recover in a California Personal Injury Claim
California car accident victims have the right to pursue compensation for the economic and non-economic damages that they sustain in an accident caused by someone else’s negligence. Economic damages compensate for direct financial losses caused by the accident, while non-economic damages compensate for more subjective losses that don’t have a direct monetary figure attached to them. Damages you may be able to recover in a California car accident case could include the following:
- Medical expenses: One of the biggest costs involved in many car accident claims is medical expenses. You can seek compensation for emergency medical treatment, ongoing medical care, and future medical expenses in your personal injury claim.
- Lost wages: You have the right to recover compensation for the money you lost from work while you were recovering or seeking medical treatment.
- Reduced earning capacity: If your injuries caused permanent impairments to your earning ability, you have the right to seek compensation for these economic losses.
- Property damage: You can seek compensation to repair your vehicle or replacement costs if it is declared a total loss.
- Out-of-pocket expenses: You could incur additional expenses, such as alternative transportation costs, rideshare trips, rental vehicle expenses, or costs to renovate your home to accommodate a disability for which you can seek reimbursement.
- Pain and suffering: You have the right to seek compensation for your non-economic losses, including physical pain and suffering, mental anguish, and emotional distress.
- Permanent impairments and disabilities: You can pursue compensation for the long-term changes in your lifestyle and the negative impacts the accident caused on your life.
- Loss of enjoyment of life: If you are unable to enjoy your favorite pastimes or hobbies due to your injuries, you can pursue compensation for the loss of enjoyment of your life.
What Is My Car Accident Case Worth?
Every car accident case is different, so there’s no average car accident settlement value. The potential value of your case is affected by various factors specific to your situation, such as:
- The type of injuries you sustained
- The severity of your injuries
- Whether the accident caused any permanent disabilities or impairments
- How the accident affects your ability to work
- The duration and cost of your medical treatment
- Who is responsible for the accident, and their insurance coverage
- Whether you contributed to the accident
- The extent of your pain and suffering
- How your injuries affect your daily life
The best way to determine your case’s value is to work with an experienced attorney.
Can I Still Recover Compensation If I Was Partially at Fault for a Car Accident in California?
Yes. Because California follows a pure comparative negligence rule, accident victims can still recover compensation even if they are partially at fault for an accident as long as someone else’s negligence contributed to the accident. However, their financial compensation is reduced by their degree of fault. So even if you were 99% at fault for the crash, you could still pursue compensation for the remaining 1% of your damages.
What Is the Statute of Limitations for Personal Injury Lawsuits in California?
The statute of limitations is the time limit that you have to take certain legal action once a cause of action arises. For personal injury lawsuits, the deadline to file your case is two years in California. If you don’t file your claim within this timeframe, the court can dismiss any case that you later file, and you could lose your right to recover compensation. There are some exceptions to this rule, but you should work with a knowledgeable lawyer before relying on them.
Contact Our Monterey Car Accident Lawyers for a Free Consultation
At the Allen Law Firm, our Monterey car accident lawyers are ready to demand maximum compensation for your injuries. We can investigate your case, negotiate your claim, and protect your rights at every stage. Contact us today for a free case review.
