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Monterey Personal Injury Lawyer
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Santa Cruz Car Accident Lawyer

According to the California Office of Traffic Safety, more than 250,000 car accidents occur in California every year. 4,285 people died in car crashes in 2021. 160 people in Santa Cruz died or were injured in car accidents in 2022. 

If you are injured or lose a loved one in a car accident, you deserve to be fairly compensated for the losses you endure. Our injury and accident attorneys can guide you through your legal options for pursuing compensation to pay for your medical bills, lost wages, and other damages. Contact Allen Law Firm today for a free initial consultation.

How Can a Skilled Attorney Help After an Auto Accident?

After a motor vehicle accident, you could be dealing with painful injuries, financial uncertainty, and complex legal issues. The decision you make in a personal injury attorney after an accident is one of the most important you can ever make. The personal injury you choose can be your trusted legal advocate during this challenging time in your life. 

When you hire an experienced lawyer with Allen Law Firm, we protect your legal rights. We investigate the accident to determine who is at fault and the contributing factors. We manage insurance claims and handle communication with insurance companies. Ultimately, we negotiate a fair settlement on your behalf. If a settlement is not possible, we can discuss the possibility of filing a personal injury lawsuit. 

The personal injury lawyers at Allen Law Firm are dedicated to securing a successful resolution to your case. We provide our clients with the personalized attention they deserve while healing from their injuries. We offer targeted legal advice throughout every phase of your case. 

Our lead attorney, Scott J. Allen, has represented hundreds of clients in Santa Cruz, Salinas, Monterey, and surrounding areas in California. Our lawyers have over 20 years of combined legal experience that we leverage in every case. Contact us to speak to a personal injury lawyer today about  

California Car Insurance System 

Most states are either no-fault or at-fault states for car accidents. In no-fault states, each driver turns to their own insurance for coverage, regardless of fault. In at-fault states, the injured driver or passenger files a claim with the at-fault driver’s liability insurance for coverage. 

California is an at-fault state, so the driver responsible for causing the accident is also responsible for paying for the damages they cause due to their negligence. All drivers in California must have at least the following minimum liability insurance to cover damages they cause others due to their negligence:

  • $30,000 for injury or death to one person
  • $60,000 for injury or death to more than one person 
  • $15,000 for property damage 

If someone else caused your accident, an experienced attorney can review the circumstances and the insurance coverage available to seek fair compensation on your behalf.

Common Causes of Car Accidents in Santa Cruz

Knowing what caused an accident can help determine who is responsible for paying for it. Some of the leading causes of car accidents in Santa Cruz and the Bay Area include:

Alcohol 

In 2022, 46 injuries or fatal car accidents occurred in Santa Cruz involving alcohol. Alcohol can slow reactions, lower inhibitions, impair judgment, and blur vision, putting other drivers at risk. 

Drugs

Some drivers are impaired by drugs, whether illegal drugs or prescription drugs. These substances affect their ability to safely maintain control of their vehicle. 

Speeding

20 fatal or injury crashes in 2022 in Santa Cruz involved speeding. Speeding decreases the amount of time a person has to react to avoid a collision once they recognize a hazard. 

Hit and Run 

17 of the accidents leading to injuries or fatalities in 2022 in Santa Cruz were hit-and-run collisions. Drivers may flee the scene of an accident because they are drunk, on drugs, committed a crime, or get scared.

Distracted Driving

Distracted driving is participating in any action that can take your mind off the task of driving, your hands off the steering wheel, or your eyes off the roadway. Common examples of distracted driving include:

  • Texting
  • Using a cellphone 
  • Talking to passengers
  • Tending to children or pets in the vehicle
  • Adjusting controls
  • Engaging with the infotainment system
  • Inputting information in a GPS 
  • Daydreaming
  • Reaching for fallen objects in the vehicle 

Failing to Obey Traffic Signals and Signs

Traffic control devices help regulate traffic. Other road users expect motorists to obey stoplights, stop signs, and other traffic signs. When they fail to obey these signs, they cause preventable accidents that harm others. 

Failing to Yield the Right of Way

All drivers are expected to follow the rules of the road, including yielding the right-of-way to other drivers. Failure to do so can cause collisions. 

Road Rage and Aggressive Driving 

Some auto accidents occur because drivers act aggressively, such as:

  • Weaving in and out of lanes
  • Running red lights
  • Tailgating
  • Speeding
  • Running other vehicles off the road
  • Intentionally hitting other drivers

Negligent Maintenance 

Mechanical failures can contribute to car collisions.

Who Is Responsible for My Car Accident?

Establishing who is responsible for your car accident relies on investigating the cause of the accident. Most car accidents are due to driver error. Under California’s at-fault insurance system, the at-fault driver is responsible for paying for your car accident injuries. 

In some situations, parties other than a driver may be responsible for your injuries. For example, if a defective product, such as blown tires or brake failure, contributed to an accident, the product manufacturer could be responsible. If dangerous road conditions contributed to the accident, the entity responsible for maintaining the roadway could be held liable for injuries.

What Financial Compensation Can I Recover After a Car Accident?

Car accidents can cause serious injuries that result in expensive medical bills, keep you out of work for prolonged periods, and cause significant physical pain and suffering. If someone else’s negligence caused the car accident, you may be entitled to financial compensation. An award for damages can help offset economic and non-economic damages you experienced due to the accident, such as: 

  • Medical and hospital expenses
  • Lost income and employment benefits
  • Reduced earning capacity
  • Home and vehicle modifications to accommodate disabilities
  • Out-of-pocket expenses
  • Permanent disabilities and impairments 
  • Costs to repair or replace your vehicle 
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Inconvenience
  • Loss of consortium and affection
  • Loss of society and companionship
  • Loss of enjoyment of life

The actual damages you recover are based on your particular circumstances. An experienced accident attorney can demand the compensation you deserve.

What Do I Have to Prove to Recover Compensation?

Most auto accident claims are based on the legal theory of negligence. Claims of negligence consist of the following legal elements:

Duty of Care 

The duty of care is the legal responsibility that one person owes to another. For example, all motorists have a duty of care to avoid causing accidents and to follow the rules of the road. 

Breach of Duty 

A breach of duty is something that the at-fault driver does to violate the duty of care, such as texting while driving, speeding, or failing to yield the right-of-way.

Causation 

You must prove the breach of duty is what actually caused the collision and not some other source.

Damages 

Damages are injuries and losses you suffered because of the accident. They include economic damages with a set dollar value and non-economic damages that are not as easy to quantify, such as emotional distress and mental anguish.

If someone else’s negligence caused your injuries, speak to an accident lawyer today to understand your legal right to compensation.

What If I Am Partially at Fault for the Accident?

Some car accidents are due to the actions of more than one driver. If you contributed to the accident that injured you, you can still seek compensation under California’s pure comparative fault system. Here, you can still file a claim for compensation even if you are 99% at fault for the accident. However, your compensation is reduced by your degree of fault. 

For example, suppose you are involved in an accident that happened when a driver turned left in front of you, failing to yield the right-of-way. You were speeding. The jury finds you are 10% at fault for the accident. You suffered $100,000 in damages. Therefore, your damages are reduced by $10,000 in proportion to your degree of fault. You still recover $90,000. 

An experienced insurance company may try to use these rules against you by trying to attribute more fault to you than what is fair. The billion-dollar insurance company does this to maximize its own profit margins. Our experienced personal injury lawyers can help protect your rights and maximize your financial recovery.

Common Types of Car Accidents in Santa Cruz

At Allen Law Firm, our personal injury lawyers are experienced in handling various types of car accident cases, including:

  • Rear-end crashes – A rear-end crash occurs when a vehicle hits the vehicle in front of them. These accidents are often due to following too closely and distracted driving.
  • Head-on collisions – A head-on crash involves two vehicles hitting each other at the front of their vehicles. These accidents tend to result in severe injuries and deaths.
  • Left-turn accidentsA left-turn accident occurs when a driver turns left into the path of a vehicle traveling straight. 
  • Side-impact collisions – A side-impact crash occurs when vehicles impact on their sides. They often happen because drivers are distracted or fail to check their blind spots before merging into a different lane.
  • Rollover accidents – Rollover crashes are some of the most dangerous accidents that can occur, involving a vehicle that flips during the collision.
  • Hit-and-run accidents – A hit-and-run accident occurs when a driver fails to stop at the accident scene and exchange information as required by law.
  • Rideshare accidents – Rideshare accidents involve Uber, Lyft, or other rideshare drivers.
  • Uninsured driver accidents – Uninsured driver crashes involve drivers who do not carry the required amount of liability insurance. 

If someone else’s negligence caused your accident, reach out to an experienced car accident lawyer for a free case review.

Common Car Accident Injuries

Motor vehicle collisions can cause life-altering injuries, such as:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Neck and back injuries
  • Catastrophic injuries
  • Internal organ damage or bleeding
  • Broken bones
  • Soft tissue injuries 
  • Psychological injuries, such as PTSD

These injuries can affect accident victims and their families for the rest of their lives. If you suffered any of these injuries, you deserve to be fairly compensated for your losses. Our legal team can demand the compensation you deserve.

What to Do After a Santa Cruz Car Accident

If you are involved in a Santa Cruz car accident, there are several important things you need to do, including:

  • Report the accident to law enforcement. 
  • Exchange information with the other driver.
  • Seek immediate medical attention.
  • Ask witnesses for their contact information. 
  • Document the scene with photographs.
  • Contact a car accident lawyer to learn about your legal rights.

Who Pays My Bills After a Santa Cruz Car Accident?

After an accident, you could incur significant medical bills, including for:

  • Emergency room treatment
  • Hospital stays
  • Surgeries
  • Physical therapy 
  • Rehabilitation 
  • Medication 
  • Medical devices and supplies

While you may be able to eventually recover compensation from the at-fault driver to pay for these expenses, you may need to rely on other options at the time, such as paying out of pocket or using your health insurance. Your insurer may place a medical lien against any future settlement you recover to be reimbursed for the payments they made on your behalf while your claim was pending. 

You can seek compensation for other losses you incur because of the accident through a personal injury claim, including for your lost income and pain and suffering. An insurance adjuster will be assigned to your case to determine whether insurance applies and how much compensation to offer. 

Insurance companies are highly profitable businesses, so they tend to offer initial settlements that do not fully account for all the damages accident victims incur. They may not consider the long-term impact of your injuries, such as its impact on your future earning capacity. An experienced lawyer can fully account for these losses and fight for the compensation you deserve.

How Does Negligence Per Se Affect Car Accident Claims?

Negligence per se is a legal concept that means an act is considered negligent because it violates a law. If a driver violated a traffic law when the accident occurred, they are presumed negligent. This can make it easier to establish your claim. 

Will My Car Accident Case Go to Trial?

Most car accident cases are resolved through insurance claims and do not go to court. However, if the insurance company denies the claim or refuses to make a fair settlement offer, your attorney may decide to file a lawsuit to seek compensation through the court system. Even then, your claim could settle without you having to go to court or testify. An experienced lawyer can review the circumstances surrounding your accident and determine whether your case may go to court or not.

How Do Santa Cruz Personal Injury Lawyers Get Paid?

Santa Cruz personal injury attorneys work on a contingency fee basis. This means that they do not charge you attorney fees upfront. Instead, payment for their legal services is contingent or conditioned upon the outcome of your case. If they successfully secure compensation for you, they receive a percentage of the compensation, as outlined in your retainer agreement. If they are unsuccessful, you don’t owe for their legal services. This fee arrangement allows you to access quality legal representation when you need it most while postponing payment until you can afford it.

What Is the Deadline to File a Car Accident Lawsuit in California?

The statute of limitations is a law that establishes the time limit that people have to take certain legal action. In California, the statute of limitations for filing a personal injury lawsuit is two years. If you don’t file a lawsuit within the second anniversary of the accident, you can forfeit your right to recover compensation for your accident. Protect your legal rights by speaking to an experienced car accident lawyer today.

Contact Allen Law Firm for a Free Case Review

Were you injured in a car accident in Santa Cruz, California? If so, you could be entitled to compensation for your medical expenses, lost wages, and other losses. An experienced attorney with Allen Law Firm can walk you through your legal options for recovery. You can count on us to thoroughly investigate your case, compile information about your damages, and aggressively pursue the compensation you deserve. Contact us today to get started with your free case consultation. 

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